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HomeMy WebLinkAbout02 CA 09-004 WorkshopITEM #2 STIN Inter-Com DATE: NOVEMBER 10, 2009 BUIf.DING OUR FUiL RE HONORING OUR PA.S7 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: WORKSHOP ON CODE AMENDMENT 09-004, IMPLEMENTING PORTIONS OF THE OLD TOWN PARKING STUDY IN THE CULTURAL RESOURCES OVERLAY DISTRICT AND ESTABLISHING PROVISIONS FOR OUTDOOR RESTAURANT SEATING WITHIN THE CITY OF TUSTIN RECOMMENDATION: The purpose of this report is to provide the Planning Commission with a broad overview of proposed Code Amendment 09-004. Community Development Department staff will conduct a workshop at the Planning Commission meeting of November 10, 2009, to introduce the proposal implementing portions of the Old Town parking study for restaurants in the Cultural Resources Overlay District and establishing provisions for outdoor restaurant seating within commercial districts in the City of Tustin. SUMMARY In 2007, the Tustin City Council directed staff to prepare a study that would investigate opportunities to improve the economic vitality of Old Town through a review of its current parking practices and reg~ Study evaluated existing parking identifying and documenting par parking regulations, and parking n also made numerous recommend. parking standards, and alternative lations. Completed in 2008, the Old Town Parking conditions in the commercial areas of Old Town, ;ing supply, parking demand, parking utilization, anagement practices. The Old Town Parking Study ~tions that the City consider implementing modified methods of addressing parking requirements within Old Town Tustin that would promote business attraction and economic development in the area. The purpose of this report is to obtain the Planning Commission's input and recommendation that the Tustin City Council approve Code Amendment No. 09-004 (Attachment 1) implementing the following: Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 2. Amend the Tustin Gity Code fo encourage outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, inclc-ding Old Town Tustin. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 2 BACKGROUND AND DISCUSSION: Dld Town Tustin First subdivided by Columbus Tustin, Old Town Tustin is the traditional center of Tustin and the City's original town site. A majority of the Old Town built environment was constructed at pre-World War II land use and parking standards. Because the parking of automobiles was not a primary consideration when much of Old Town Tustin was constructed, many of its buildings and lots have been developed with zero setbacks and minimal on-site parking. As Tustin grew and expanded over the years, Old Town became largely separated from the rest of the City. This physical separation has served to preserve its strong, unique, historical identity, but its isolation from the mainstream of community activity and traffic circulation has also negatively impacted the area's economic development and business attraction. It is the Tustin City Council's continuing desire that Old Town Tustin become a vibrant and walkable town center offering interesting shopping and dining opportunities as well as a distinctive place to live and work. Toward that end, a number of new developments have recently been completed or are in the planning stages including: the mixed-use development at Prospect Village, the Tustin Garage, and the new commercial buildings proposed at 170 EI Camino Real, 200 EI Camino Real, 740 EI Camino Real. The introduction of new residents and businesses will generate more Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 3 activity in and around Old Town that could greatly improve the existing sense of place and expand the economic vitality of the area. Old Town Parking Study On February 19, 2008, the Tustin City Council formally received the Old Town Parking Study and directed staff to begin implementing the various parking alternatives discussed within that document for the commercial area of Old Town (Figure 1). On March 11, 2008 and March 25, 2008, the Tustin Planning Commission received and discussed the Old Town Parking Study in support of its future involvement in the review of subsequent implementing actions. Figure 1 Cr € u:uin r yyr ~~~ F '~ I r---' i"'rigt ~~ IOe r ~~,;.~^; A=' r z o' n tel. ~ ~; {, _ fifi; 7 ~~ya , , l~ ,S 1 ~ I •:u~ ' ,..- ~ ._~ r' f c::! a I rani ir} ~'' ~> ~ '~- •~ - ; -- ii I ~_>~- !~ _ ~ ~' '~ ~• • ~ ~-: -~ ,++ ~~ ~• (~f ~ ~ ~. ..;5 F' ~~'' i` ~~ ~ t'' c: } '- - ti ~"J / s .: .,, , ~ c I (.; ,` ~~# Old Town Commercial Area ^ ^ ^ ^ ^ ^ ~ Cultural Resources Overly District The Old Town Parking Study confirmed that Old Town Tustin's existing parking supply is generally adequate to serve the overlay area. A few parking lots within the study area are used more heavily than other areas; however, no areas would be defined to have a severe parking shortage. Businesses and activities in the Old Town commercial area were determined to be within a reasonable walking distance to abundantly available parking. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 4 Further, the report found that the current parking conditions may present new opportunities for the City to allow additional land uses to locate within the study area and take advantage of available surplus existing parking, thereby improving the economic activity level and vitality of the Old Town commercial district. The Old Town Parking Study provides numerous general and specific findings and recommendations for planning and management of parking in Old Town Tustin. Some recommendations provide short-term solutions to current problems identified in the report. Others provide a blueprint for implementation of future project prioritization and parking management alternatives. The following is a summary of the implementation alternatives recommended in the report: Land Use/Tustin City Code Modifications (summarized • Modify standard parking requirements or implement innovative parking solutions to create an attractive area for businesses to locate. • Continue to encourage mixed-use developments in order to make better use of available parking for present and future uses. • Review and revise the Tustin City Code to permit limited restaurant uses within existing multi-tenant buildings under special permit without the need for an increase in on-site parking requirements for such uses. • Modify the Tustin City Code to enact new or relaxed parking requirements for Old Town. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 5 • Review and revise current parking in-lieu fees to reflect the current costs of acquiring and constructing parking facilities and to acknowledge pay parking as an off-set against any established fee structure. • Continue to allow development the opportunity to utilize a variety of options to meet the City's parking requirements through the use of existing and potential alternative parking techniques (parking on-site, leasing spaces at City-owned parking lots within 300 feet, payment of in-lieu fees, etc.). Parking Management Strategies (summarized) • Employ better management of existing public and private parking facilities in Old Town by including, where necessary, time limits far curb-side and public parking in Old Town. • Adjust parking enforcement to achieve compliance with time limits and to insure parking opportunities for customers. • Review and develop policies to possibly exempt certain individuals from time restricted street parking under special circumstances (i.e., for business owners). • Advise private property owners to consider time limits in private off-street parking lots to insure maximized parking capacity and availability. Public Parking Lots (summarized) • Work with Stevens Square Association to improve parking lot conditions, security and lighting. • Continue to monitor existing public directional signage. If necessary, consider additional sign installations. • Evaluate where existing public parking lots may be utilized to provide parking opportunities for non-residential elements of mixed use projects. Recent Implementation Actions Staff has begun the process of implementing the alternatives recommended by the Old Town Parking Study and Tustin City Council. In the months since the Study was completed, staff has made progress on implementing the following alternatives: • Continue to encourage mixed-use developments in order to make betfer use of available parking for presenf and future uses. The project approved by the Planning Commission and City Council at '170 EI Camino Real (Meyer building) is a small mixed-use development. • Work with Stevens Square Association to imprave parking lot conditions, security and lighting. A code enforcement case has been initiated against the Association to ensure that the Parking Structure is adequately maintained. The matter has been forwarded to the City Attorney for legal action. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 6 • Review and revise current parking in-lieu fees to reflect the current costs of acquiring and constructing parking facilities and to acknowledge pay parking as an off-set against any established fee structure. This item is currently on hold, pending funding availability. • Continue to allow developmenf the opportunity to utilize a variety of options fo meet the City's parking requirements fhrough the use of existing and potential alternative parking techniques (parking on-site, leasing spaces at City-owned parking lots within 300 feet, payment of in-lieu fees, etc.). Staff continues to encourage property owners and developers to utilize these options. See discussion below regarding proposed enhancement of these provisions. • Continue to monitor existing public directional signage • Modify standard parking requirements or implement innovative parking solutions to create an attractive area for businesses to locate. This staff report identifies proposed actions intended to address this goal • Review and revise the Tustin City Code fo permit limited restaurant uses within existing multi-tenant buildings under special permit without the need for an increase in on-site parking requirements for such uses. This staff report identifies proposed actions intended to address this goal. • Modify the Tustin City Code to enact new or relaxed parking requirements for Old Town. This staff report identifies proposed actions intended to address this goal. Proposed Actions The Old Town Parking Study approved by the Tustin City Council recommended a modification of the City's off-street parking regulations to provide new flexibility to restaurants proposed within the commercial areas of Old Town Tustin and to create an attractive area for businesses to locate. New and expanded restaurant operations can attract additional customers to surrounding commercial businesses, would enhance the Old Town walking experience, and provide a synergistic benefit to the overall economic vitality of the City. Proposed Code Amendment 09-004 (Ordinance No. 1373) would implement innovative parking solutions and modify the City's standard parking requirements to: 1) make it easier for new restaurants to locate to Old Town; 2) facilitate the establishment and use of outdoor restaurant seating areas throughout the City. The two actions are further described below: Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 7 7. Amend the Tustin City Code's off-street parking regulations to provide new flexibility to restaurants proposed to replace previously existing office, retail or service uses within fhe commercia! areas of Old Town Tustin. Restaurants can attract customers to an area, benefitting surrounding retail, service and office uses. However, full service restaurants can sometimes be more customer intensive than other commercial uses. Tustin City Code Section 9263A currently requires the provision of additional parking spaces when a restaurant or fast food restaurant is proposed to replace a less intensive existing use, such as an office. Restaurant parking demand is typically very cyclical in nature with increases in parking demand occurring at meal time (breakfast, lunch and dinner) and parking demand declining to nearly negligible levels during other times of the day. Shared parking studies, prepared to evaluate the shared parking needs of a shopping center, will often take into account the ebb and flow of restaurant and other transitory business parking needs throughout the day to determine whether sufficient parking is available to the overall site/area. Tustin has an abundance of modern shopping centers with large parking lots that support the addition of new restaurant uses without introducing a parking shortage. However, many Old Town commercial properties were developed before modern parking standards existed, and currently exist without sufficient on-site parking. For most locations in Old Town, the provision of additional on-site parking is impossible. For much of Old Town, the Tustin City Code permits the provision of required additional parking spaces to be located on site, off site (within 300 feet of the project boundaries) or an in-lieu fee can be paid. To a restaurateur looking for a place to open a new Planning Commission Report Cade Amendment 09-004 November 10, 2009 Page 8 restaurant, the parking options available to Old Town are often not as attractive as locating elsewhere in the City, where parking is not an issue. Proposed Code Amendment 09-004 would implement the Old Town Parking Study by providing more flexibility for restaurants in Old Town as follows: • Allow new restaurants to replace previously existing, less parking-intensive retail, service and office uses, without being required to provide any additional parking spaces; • Code Amendment 09-004 has been drafted to include both full service restaurants and take-out restaurants (e.g. deli/sandwich and coffee shops) to capture the full customer attraction potential intended by the Study. • Although the Old Town Parking Study recommended that additional parking flexibility be provided to new restaurants proposed within "multi-tenant" buildings, Code Amendment 09-004 has been drafted to permit new restaurants to locate within both multi- and single tenant properties in order to facilitate the full customer attraction and community benefit intended by the Study. Eliminating the current requirement that new restaurants provide additional parking or secure costly alternatives is an innovative parking solution to ensure Old Town continues to be an attractive place for restaurants and other businesses to locate. 2. Amend the Tustin City Code to encourage outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Outdoor restaurant seating areas attract customers to the restaurant and provide additional market exposure to surrounding retail, service and office businesses. Outdoor restaurant seating areas also add color, light, pedestrian activity and other excitement to a streetscape. Because outdoor seating areas expand a restaurant's overall customer capacity, restaurants proposing to add outdoor seating areas have historically been required to provide additional parking. In addition, any proposal for outdoor seating must currently comply with Planning Commission Policy Resolution No. 2490 (Attachment 2). Adopted in 1988, Policy Resolution No. 2490 requires outdoor seating requests to be reviewed and approved by the Planning Commission through a Conditional Use Permit (CUP). The Policy also requires outdoor seating areas to provide additional parking, be set back five (5) feet from property lines and parking lots, be located 200 feet from a residential use, etc. The rules identified in Policy Resolution No. 2490 were never adopted into the Tustin City Code. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 9 Code Amendment 09-004 is intended to update, simplify and codify the City's policies to enable and encourage the installation and use of restaurant outdoor seating areas. Code Amendment 09-004 proposes to utilize the City's existing staff design review procedures and replace the existing cumbersome, time consuming, and costly CUP process to streamline and expedite the processing of outdoor restaurant seating area applications, to the benefit of restaurant applicants and the public, and assist in the attainment of the City's overall economic development and business retention objectives. Staff believes that the benefits associated with the introduction of ancillary outdoor restaurant seating area should be facilitated and that the additional, localized parking demand generated by the future introduction of outdoor restaurant seating areas would be negligible and transitory. Adoption of Code Amendment 09-004 would encourage outdoor seating areas to be implemented to the benefit of Old Town and other commercial areas throughout Tustin. In summary, proposed Code Amendment 09-004 would: 1) Eliminate the existing requirement for a restaurant to obtain a Conditional Use Permit for outdoor seating areas and implement an expedited, less expensive project review and approval procedure through the City's existing staff design review process (Tustin City Code Section 9272 et al). Restaurants that have already established outdoor seating areas through an approved Conditional Use Permit will continue to be governed by the terms of those permits and will not be required to obtain any additional approval. It should be noted that restaurants governed by previously approved CUPs may request that the CUP be revoked or amended to permit the affected restaurant to comply with the regulations proposed in Ordinance No. 1373. 2) Eliminate the existing requirement for an outdoor seating area to be set back a minimum of five (5) feet from the property line or parking lot (Resolution No. 2490). 3) Incentivize restaurant outdoor seating by reducing the amount of parking required, recognizing that the addition of a relatively small amount of outdoor seating will have a negligible and temporary impact on area parking demand and that additional customer attraction will have a beneficial impact to surrounding commercial businesses. It is proposed that outdoor seating areas no larger than 12 seats or less than fifty percent (50%) of the restaurant's interior seating area (whichever is greater) would be permitted without requiring the provision of any additional parking spaces. Larger outdoor seating areas could be proposed but would be required to provide additional parking for the portion of outdoor seating area that exceeds the established threshold. 3) Extend the proposed flexibility for outdoor seating areas beyond Old Town Tustin to include all commercial areas of Tustin. 4) Allow restaurant outdoor seating areas within a City sidewalk or other public right- of-way through the issuance of a License by the City of Tustin. For many commercial Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 10 buildings, including Old Town Tustin, much of the built environment is constructed at street property lines, adjoining public sidewalks. Without the use of available City sidewalk areas, many of these commercial properties could not introduce restaurant outdoor seating areas. Several other Southern California cities encourage limited sidewalk seating within public right-of-ways to energize main street commercial activity. General Outdoor Seating Design Regulations All new or replacement restaurants proposed within Old Town typically require Design Review approval. Planning Commission Resolution No. 2490 previously established certain design guidelines for restaurant outdoor seating areas. Code Amendment 09- 004 would ensure that outdoor restaurant seating areas adhere to the following operating requirements: • Outdoor furniture would be attractive and compatible with the primary restaurant and surroundings. The use of awnings umbrellas plants and other human scale elements would be encouraged to enhance the pedestrian experience. • No long term outdoor keeping or storage of food or beverages, dishes, utensils or food scraps is permitted. • Use of restaurant seating areas would be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the restaurant outdoor seating area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation shall be limited fio no earlier than 7:00 a.m. and no later than 10:00 p.m. • No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifty percent (50%) of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the fifty percent (50%) threshold. • The outdoor seating area may have a menu board of six square feet. • Sale and consumption of alcoholic beverages in the outdoor seating area shall be restricted by state Alcoholic Beverage Control and any other license or permit governing the restaurant; the area will be accessible to the disabled, and will not be allowed to obstruct any fire exit, fire escape, or other required ingress or egress. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 11 Outdoor Seating Regulations within Public Right-of-Way Outdoor seating areas in sidewalk areas of the Old Town public right-of-way have not been pursued by many private property owners. Currently, any request to place restaurant seating within the Old Town public right-of-way requires Community Development Department approval of a Conditional Use Permit and Public Works approval of an Encroachment Permit. Encroachment Permits must typically be renewed annually. Permanently installed fixtures or enclosures (wrought iron railings, area lighting, etc.), have not historically been permitted within the right-of-way. Adoption of Code Amendment 09-004 would provide the opportunity for Old Town restaurants to place an outdoor seating area within a portion of the City sidewalk, property or other public right-of-way through the issuance of a License by the City. A license would include conditions that would protect and indemnify the City, and ensure continued public access to a portion of the sidewalk, etc., but would be more attractive to a business owner since it would not require annual renewal. If desired, the City License could require a restaurant to pay an annual usage fee. And, physical barriers (wrought iron or similar) required by State Alcoholic Beverage Control (ABC) when alcohol is served, could be permitted within the right-of-way. In addition to the requirements identified for restaurant outdoor seating areas discussed above, sidewalk seating areas would be required to adhere to the following operating requirements: • The use of public property for outdoor restaurant seating is permitted only when incidental to the operation of a restaurant and abutting said restaurant. • Outdoor dining located on the sidewalk area of the public-right-of-way is proposed to be permitted for all commercial properties in Tustin. • The restaurant operator or property owner must execute with the City of Tustin a License agreement for the use of the City property and provide a certificate of insurance to indemnify, defend, and hold harmless the City of Tustin. • The placement of furnishings for the outdoor restaurant seating or the operation of the outdoor restaurant seating area may not interfere with pedestrian or vehicular traffic, or reduce the open portion of the public sidewalk to less than four (4) feet clear, nor may it obstruct access to any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, fire hydrant, sign etc. A wider clear passage area may be required at the discretion of the City. • The restaurant owner is responsible for the maintenance and upkeep of the public right-of-way used for the outdoor restaurant seating area. • At street intersections, the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 12 Except for border enclosures required by ABC regulations, furniture and furnishings may not be attached by any means to the public sidewalk or any other public property. When notified by the City of Tustin to do so, the restaurant shall promptly remove all furnishings and obstructions from the public sidewalk or right-of-way to accommodate special events or to accommodate the repair or mainfienance of City property, sidewalk, or public right-of-way. The following table identifies the proposed parking modifications for Old Town restaurant uses: Land Use T~rpe Parking Spaces Required Restaurants, cafes, cafeterias, lounges, or similar establishments at which ~er~ the consumption of food and 1 space For each 100 sq. ft. of gross floor area plus a minimum 7 car stacking space for drive- through, except no additional parking spaces beverages occurs primarily on the shall be required when a restaurant use replaces a premises retail, service, or office use on a property located within both the Central Commercial District (C- 2) and the Old Town Commercial General Plan land use desi nation. No additional parking shall be required for an outdoor restaurant seatinf; area WheIl the area either contains no more than 12 seats or is no larder than fifty percent (50%) of the restaurant's interior seatinr~ area- 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the fifty percent (SO%) threshold. Restaurants, take out; including delicatessens, donut shops, coffee shops, or similar establishments at 1 space for each 250 sq. ft. of gross floor area plus, plus a minimum 7 car stacking space for drive-through, except no additional parking which the consumption of food and spaces shall be required when a restaurant use beverages occurs primarily awa from replaces a retail, service, or office use on a the premises; tal4e-c~tt enfy-attd property located within both the Central {-i~ltrEl~s-a+~' Commercial District (C-2) and the Old Town Commercial General Plan land use designation. No additional arking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifthpercent (50%) of the restaurant's interior seating area; I additional parking space shall be required for each additional 250 sq. ft. by which the outdoor restaurant seating area exceeds the fifthpercent (50%) threshold. Planning Commission Report Code Amendment 09-004 November 10, 2009 Page 13 In addition, the Tustin City Code currently prohibits the placement of objects within the public right-of-way. Therefore, Code Amendment 09-004 would amend Tustin City Code Section 7210 of to include the following text changes (shown as underlined): It shall be unlawful for any person to place any obstruction of any kind in or upon any public street, alley, sidewalk or other public property in the City or to authorize, procure or permit and obstruction to be placed therein or thereon, except as authorized by this Code or as may be required by employees or officials of the City in the proper discharge of their duties. ENVIRONMENTAL ANALYSIS Proposed Code Amendment 09-004 is considered a "project" subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000 et al. The City prepared an Initial Study and drafted a Negative Declaration. The Draft Negative Declaration is available for public review from November 12, 2009 to December 2, 2009. The City Council will consider the Draft Negative Declaration at their public hearing on the matter. The Planning Commission should also consider the Draft Negative Declaration prior to taking action on this matter on December 8, 2009. CHAMBER OF COMMERCE REVIEW A copy of the draft staff report and proposed Code Amendment 09-004 will be forwarded to the Chamber of Commerce for review and comment prior to the Planning Commission's formal consideration of the matter on December 8, 2009. CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 09-004. CONCLUSION Staff intends to conduct the public hearing on Code Amendment 09-004 on December 8, 2009. ~ ~ ~, ~ d Dana L. Ogdon Assistant Director Elizabeth A. Binsack Director of Community Development Attachment 1: Code Amendment 09-004 (Ordinance No. 1373) Attachment 2: Planning Commission Resolution No. 2490 S:1Cddlpcrepore1CA09-004(oldtownrestau rantordin ance).doc ATTACHMENT ORDINANCE NO. 1373 AN DRDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 09- 004 AMENDING SECTION 7210 OF PART 1 OF CHAPTER 2 OF ARTICLE 7 PERTAINING TO OBSTRUCTING STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC PROPERTY, AMENDING PORTIONS OF SECTION 9263 OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE PERTAINING TO PARKING REQUIREMENTS FOR RESTAURANTS IN OLD TOWN AND ADDING SECTION 9277 TO PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW OUTDOOR RESTAURANT SEATING AREA REQUIREMENTS FOR ALL COMMERCIAL DISTRICTS IN TUSTIN The City Council of the City of Tustin, California hereby ordains: Section I. The City Council finds and determines as follows: it - ~ A. It is the Tustin City Council's continuing desire that Old Town Tustin become a vibrant and walkable town center offering shops and dining along with places to live and work. The introduction of new residents and businesses would likely generate more activity in and around Old Town, improve the existing sense of place, and expand the economic viability of the area. B. The Tustin City Council authorized the preparation of The Old Town Parking Study, which concluded that traditional parking standards and regulatory practices may represent a potential barrier to development and can discourage or even prevent new development and the introduction of mixed-use residential uses or introduction of customer-attracting commercial uses (such as restaurants, theaters, etc.) that generate jobs and increase the number of persons shopping and working in Old Town Tustin. C. The Old Town Parking Study also concluded that Old Town Tustin's existing parking supply is adequate and presents an opportunity to allow for additional land uses to locate within the study area. D. On February 19, 2008, the Tustin City Council directed staff to begin implementing the parking alternatives discussed within The Old Town Parking Study, which included the recommendation that staff review and revise the Tustin City Code to permit limited restaurant uses within Old Town without additional on-site parking. There is also an opportunity to improve and expedite the procedures for approving outdoor restaurant seating areas throughout the City. E. That Code Amendment 09-004 has been prepared proposing new regulations to encourage restaurant development in Old Town Tustin and to encourage outdoor restaurant seating areas in all commercial districts in the City. That an Initial Study and Negative Declaration have been prepared for proposed Code Amendment 09-004 in accordance with the provisions of the California Environmental Quality Act ("CEQA") and that the Tustin City Council finds, on the Ordinance No. 1373 Page 2 basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the proposed Code Amendment 09-004 will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. G. On _, 2009, the Tustin Planning Commission held a public hearing on the proposed code amendment that is intended to implement the Old Town Parking Study and encourage and attract restaurant uses to Old Town Tustin and adopted Resolution No. _ recommending that the Tustin City Council adopt the Negative Declaration and approve Code Amendment 09-004. H. That on , 2009, a public hearing was duly noticed, called, and held before the City Council concerning this Code Amendment. That the proposed amendment is consistent with the Tustin General Plan Land Use Element that includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin: 1. Achieve Section II hat compatible and complementary development occurs. economic expansion and diversification ~rtions of Table 1 of Subsection g of Section 9263, of Part 6 of title 9 of the Tustin City Code are hereby amended to read as tin bold/underline; deleted text in strikeout): Land Use Type Parking Spaces Required Restaurants, cafes, cafeterias, lounges, or similar establishments at which fe~the consumption of food and beverages occurs 1 space for each 100 sq. ft. of gross floor area plus a minimum 7 car stacking space for drive-through, except no additional parking spaces shall be required when a primarily on the premises restaurant use replaces a retail, service, or office use on a property located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifty percent (50%) of the restaurant's interior seating area: 1 additional parking space shall be required for each additional 100 sg. ft. bV which the outdoor restaurant seating area exceeds the fifty percent (50%) threshold. Ordinance No. 1373 Page 3 Section III 927 a. Land Use Type Parking Spaces Required Restaurants, take out; including delicatessens, donut shops, coffee shops, or similar establishments at 1 space for each 250 sq. ft. of gross floor area plus, plus a minimum 7 car stacking space for drive-through, except no additional which the consumption of food parking spaces shall be required when a and beverages occurs primarily restaurant use replaces a retail, service, or away from the premises; tit office use on a property located within both ^„~„ ^^,~ .n^~, ~,~°~ ~r^;~~~^~ „°°° the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifty percent (50%) of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 250 sg. ft. by which the ~'~~=~ outdoor restaurant seating area exceeds the _ ~~ fifty percent (50%) threshold. Section 9277 of Part City Code is hereby enacted to read as fc 7. OUTDOOR RESTAI Purpose The regulations and ;d to provide for the proper location and ant seating areas at restaurants in the commercial areas of the City of Tustin. It shall be unlawful for any person to establish an outdoor restaurant seating area at any site unless approval has been obtained, consistent with this section. b. Applicability No person or entity shall operate a restaurant or take-out restaurant which provides an outdoor restaurant seating area for the purpose of serving food or beverages to customers, without the prior written approval of the Director of Community Development. Said approval shall be in addition to any other license or permit required by California Law or the Tustin City Code. Any person or entity lawfully operating a restaurant with an outdoor restaurant seating area prior to the effective date of this ordinance shall not be bound by the terms of this section, unless use of the previously established outdoor restaurant seating area is discontinued for any reason except pursuant to a valid order of a court of law for a period of twelve (12) months or more, at which time any subsequent establishment or reestablishment of an outdoor restaurant seating area at the location shall conform to the provisions of this section. Ordinance No. 1373 Page 4 c. Eligibility Approval for an outdoor restaurant seating area shall be granted only to the operator of a restaurant which is in conformance with the Zoning Code and which holds a valid City Business License. Written concurrence of the property owner shall also be required. When a restaurant is proposed to replace a restaurant where outdoor seating had previously been approved pursuant to this Section, the new restaurant owner or operator may continue to utilize the existing outdoor seating area without obtaining separate written approval, so long as such owner or operator submits an agreement to the City to comply with the requirements of this Section and all conditions of the prior written approval, on a form provided by the Director of Community Development, executed by the new restaurant owner and the property owner. Notwithstanding the foregoing, if any portion of the existing outdoor restaurant seating area is located within a City property, a City sidewalk or other public right-of-way, the new restaurant owner shall enter into a new License Agreement with the City and comply with the provisions of subsection f. All other proposals to establish a new outdoor seating area or to substantially modify an existing outdoor seating area shall be accompanied by a complete application for Design Review approval, pursuant to Section 9272 of this Code, on a form provided by the Director of Community Development and shall include each of the following: (1) A detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas, border enclosures, or other facilities to be included in the outdoor restaurant seating area. If the outdoor restaurant seating area is proposed to be located on City property, a City sidewalk or other public right-of-way, the drawings must also include the location of existing public improvements, including fire hydrants, street signs, street lights, traffic signals, bus shelters, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions, and any other public obstruction. Photographs and/or brochures depicting the chairs, tables, umbrellas and other private features including lighting shall be included with the site plan. (2) A narrative description of the proposal, including the proposed hours of operation, and any additional information as may be deemed necessary by the Director of Community Development. (3) The fee as may be established by Resolution of the Tustin City Council. Location (1) An outdoor restaurant seating area, accessory to a permitted or lawfully established restaurant or take-out restaurant, shall be permitted with the prior written approval of the Director of Community Development. In addition, all such outdoor restaurant seating area shall meet the following design criteria: (a) The outdoor restaurant seating area may only be established abutting the primary restaurant business with which the outdoor restaurant seating area is associated. Ordinance No. 1373 Page 5 (b) An outdoor restaurant seating area shall not be located on City property, a City sidewalk or other public right-of-way unless a valid License to do so has been obtained from the Tustin Public Works Department and subject to the regulations established in this Code. (c) The outdoor restaurant seating area shall not occupy or interfere with the use of required parking spaces and drive aisles. (d) The outdoor restaurant seating area shall not be located in a required setback abutting a residential district. (2) Any outdoor restaurant seating area located within a park, golf course, recreation center, senior canter or other public orquasi-public use, as may be determined by the Director of Community Development, shall not be deemed to be an "outdoor restaurant seating area" subject to subsection d(1) above. e. Requirements City approval and continued enjoyment of the outdoor restaurant seating area shall be subject to the following conditions: (1) The establishmen t or expan sion of outdoor restaurant seating areas shall be subject to the City "s Design Review process in accordance with Section 9272 to ensure compat ibility in co lor and style with the exterior of the building. The use of compatib le awning s, umbrellas, plants, and other human scale elements is encou raged to e nhance the pedestrian experience. (2) The applicant sha ll comply with all applicable federal, state, county and city laws and regulati ons, and o peration of the outdoor restaurant seating area shall not be detrim ental to th e health, safety, or welfare of persons residing or working in the vici nity. (3) No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (4) Operation of an outdoor restaurant seating area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the restaurant outdoor seating area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m. (5) An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (6) Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. Ordinance No. 1373 Page 6 (7) The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. (8) The outdoor restaurant seating area shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and non- discrimination in the provision of services. (9) The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (10) All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (1 :ainmen t or amplified music within be acc omplished in such a fashion and Cit y's Noise Ordinanc e and re; > or res idents. call be p rovided to illuminat e the oui .f anv of the requirements set fora outdoor restaur~ s to comply with noise from distu of in nt other ity of ct to (1 is hereby the Tustin a other this Section, ar sting area by t in City Code, e. In addition, tl to suspend or r area upon con any or prior approval of an outdoor restaurant repetitive violation of such requirements or Additional requirements for outdoor restaurant seating areas located within City property, a public sidewalk, or the public right-of-way Notwithstanding any other provision of this Code, all or a portion of an outdoor restaurant seating area that satisfies the requirements set forth in subsection e, above, may be located within City property, a City sidewalk or other public right- of-way where the Director of Public Works determines, in his or her discretion, that the use is compatible with the intended use of the City property, a City sidewalk or other public right-of-way, subject to the following conditions: (1) A revocable License Agreement shall be obtained from the City of Tustin for any portion of an outdoor restaurant seating area located on City property, a City sidewalk or other public right-of-way. The License Agreement shall be subject to termination by the City at any time upon a 10-day prior written notice upon determination of the Director of Community Development that one or more of the conditions or provisions of this Section have been violated, or that one or more factors listed in this section have changed, or the permitted use is no longer compatible with the intended use of the City Ordinance No. 1373 Page 7 property, a City sidewalk or other public right-of-way. No prior written notice shall be required to terminate the License Agreement where the Director of Community Development determines, in his or her discretion, that the continued use of the City property, a City sidewalk or other public right-of-way for the outdoor seating area poses an imminent threat to health or safety. (2) The use of public sidewalks or right-of-way for an outdoor restaurant seating area shall be permitted only when associated with the operation of a licensed restaurant or take-out restaurant operating on property located adjacent to said right-of-way. (3) The restaurant operator or property owner shall provide to the City of Tustin, in a form acceptable to the City Attorney, the following: (a) An agreement to indemnify, defend, and hold harmless the City of Tustin and the Tustin Community Redevelopment Agency, as applicable, for any and all claims for liability or damages arising from the operation of the outdoor restaurant seating area; and, (b) Insurance certificates and endorsements evidencing general liability insurance, workers compensation insurance, and such other insurance, in such amounts and forms as may be required by the City of Tustin Risk (4) In no event shall the placement of furnishings for the outdoor restaurant seating area or the operation of the outdoor restaurant seating area interfere with the passage of pedestrian or vehicular traffic, or reduce access to the public sidewalk to less than four (4) feet clear of all obstructions, measured from the edge of the sidewalk closest to the curb (or lampposts, utility boxes, etc., where such exist). (5) In no event shall the placement of furnishings for the outdoor restaurant seating area or the operation of the outdoor restaurant seating area obstruct access to any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, or obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign. (6) The restaurant owner shall be responsible for the maintenance and upkeep of the City property, a City sidewalk or other public right-of-way used for the outdoor restaurant seating area and the replacement of damaged public property, including brick pavers. (7) Except for border enclosures required by State Alcoholic Beverage Control regulations, furniture and furnishings may not be attached by any means to the City property, a City sidewalk or other public right-of-way. When notified by the City of Tustin to do so, the restaurant shall remove all furnishings and obstructions from the public sidewalk or right-of-way to accommodate special events or to accommodate the repair or maintenance of City property, sidewalk, or public right-of-way. Ordinance No. 1373 Page 8 (8) Granting of a License by the City pursuant to this subsection f shall be subject to payment of such fees or compliance with such additional conditions as may be required by the City Council. g. Appeals Appeal of any action or decision of the Director of Community Development to grant, deny, revoke, or suspend approval for an outdoor restaurant seating area pursuant to this Section may be made by any interested party in the same manner and subject the same procedures as appeal of action of the Zoning Administrator pursuant to Section 9299. Section IV. Section 7210 of Part 1 of Chapter 2,of Article 7 of the Tustin City Code is hereby amended to read as follows: It shall be unlawful for any person to place any obstruction of any kind in or upon any public street, alley, sidewalk or other public property in the City or to authorize, procure or permit and obstruction to be placed therein or thereon, except as authorized bV this Code or as may be required by employees or officials of the City in the proper discharge of their duties. Section V. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. Section VI. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this _ day of 2009. Davert, Mayor PAMELA STOKER, City Clerk Ordinance No. 1373 Page 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) ORDINANCE NO. 1373 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1373 was duly and regularly introduced and read at the regular meeting of the City Council held on the -day of 2009, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the -day of 2009, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: ATTACHMENT 2 RE50LUTIDN N0. 2490 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE FOLLOWED IN REVIEWING APPLICATIONS FOR OUTDOOR SEATING AREAS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ~OII 1]+f ~. l`L'~ I', 13~; ,~ l9 l`~li l(ii l i' I~.i 1~~~ 2ti:l 21'I 22i~ 2a~i I 29 I. i 2,, ; i 2G~1 2i A. That certain guidelines shall be considered by Community Development staff and the Planning Commission when considering Conditional Use Permit applications for outdoor dining areas. B. Outdoor dining areas are allowed with a CUP subject to the following design criteria: 1. Alcoholic Bevera a Sales - Should the proposed establishment w sh to sell alcoholic beverages, any outdoor dining area shall be designed to meet the standards of the State Department of Alcoholic Beverage Control. Specifically, the outdoor dining area must: a) the patio area shall be clearly/physically defined. It must be clearly a part of the restaurant it serves; b) be accessible preferrably through the inside of the restaurant; and c) be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises. 2. Conformance to Parkin Re uirements - Although in some cases t e out oor d n ng area may be seasonal in nature, the number of seats provided or the area used as a seating area should be considered in determining the parking requirements for the restaurant as a whole. Therefore: a) depending on the location and the parking requirements for the property where the restaurant is proposed, the outdoor seating area must be considered as part of the restaurant and shall conform to the mandated parking requirements; and b) if outdoor seating areas are not part of the restaurant and are specified as "seating in 2R 'l 3 4 .~ -- ?t i <11 III 11 j ~. 1`l'i l;~ 11 15 1G~ l~, i~~~; Resolution No. 2490 Page two common", no specific parking requirements are applicable; however, these seating areas are not to be reserved or intended for specific use by any particular restaurant or tenant 1n the center and shall be available to public use. 3. Clean u facilities - All outdoor seating areas, be trey part o' a restaurant or seating in common, should have adequate clean up facilities. Therefore: a) all outdoor dining or seating areas shall contain trash receptacles for use by the public or restaurant employees; and b) all outdoor dining or seating areas shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. 4. D~esi~~n -~Com atibilit - Since outdoor dining areas are typically v sib a from the public street, special consideration for design is essential. The current Design Review process as established by Section 9272 of the Municipal Code allows City Staff the opportunity to review and establish design elements for these types of projects. The following guidelines are necessary to encourage and reinforce compatible design elements: -- ~~ a) Al] outdoor dining and seating areas shall be l~)~~ designed so as to not obstruct vehicular or pedestrian traffic flow and shall be designed 1n a 2(-I fashion so that they do not necessitate removal of any existing pedestrian or vehicular movement 21~ area; 22 6) all structural elements, umbrellas, furniture, awnings, covers or other physical elements which are visible to 23 the public right-of-way shall be compatible with the overall design of the main structures; and 24 c) all signs and advertisement materials placed in an 2;~ outdoor dining or seating area shall be in conformance with the Sign Code, as well as any `lG adopted Sign Program for the building in which the __~I seating is to be located. ]~ l 3 4 7 1(1' ~. 1]'' 1 `l I' ],3 ~ 19 I 1Gi~l 1(; s. ~ii 15;~ If-:~ 2U~ 2i~ 221 2'i l 24 2,, I 2a 27 Resolution No. 2490 Page three 5. Location to Sensitive Uses - The use of outdoor dining and seating areas creates a pedestrian oriented ambiance. This type of ambiance is particularly attractive and usually encouraged where appropriate; however, some problems may occur if outdoor dining/seating areas are located in direct proximity to sensitive uses. Therefore: a) any outdoor dining or seating area located within 600 feet of a public school shall be designed with particular consideration of school children and access. Avoidance of the use of video or coin operated games and serving of alcoholic beverages 1n outdoor seating areas should be considered; b) should any restaurant have dancing or play amplified music, the outdoor seating area shall be sealed offi in a fashion so as to restrict noise from disturbing other businesses or residents; and c) outdoor seating and dining areas and their relation to residential uses, public schools, churches, hospitals and arcades shall be reviewed and proper mitigation measures applied for problems related to noise, light, glare and loitering shall be applied to avoid land use conflicts. C. Incorporation of standard conditions of approval is necessary to ensure compatible and uniform design of all outdoor seating areas. Typical conditions of approval may be applied where applicable. These standard conditions include: 1. The outdoor dining area shall be setback a minimum of five (5) feet from the property line or parking lot with appropriate landscaping in conformance with current landscaping criteria. 2. Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. 3. The outdoor dining area shall be architecturally compatible with the building in which the restaurant is located. 2R 2 Resolution No. 2490 Page four 3 4 4. The dining area shall be physically related to the building ~~ that the restaurant is in, ensuring that the entrance to the dining area is preferrably through the restaurant. - I; 5. Maximum dining areas shall be subject to Uniform Building ~ Code (UBC) regulations. $ 6. Outdoor seating, whether permanent or seasonal, is subject to the parking requirements specified in the Tustin Municipal Cade. ]p 7. The use of awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience. ll ~ 8. Trash receptacles shall be provided in the outside dining 12 . i ' area. ];; 9. CUP's which are approved for outdoor dining areas are subject to review after one year. At such time, staff shall ]q conduct a study to determine if any adverse impacts have I resulted from the use. If not, then a permanent CUP may be ];~ ~ I granted. ](; !~ 10. Outdoor dining areas shall be a minimum of 200 feet from residential uses. li p( 11. If entertainment or dancing is provided on the premises, a ],~ i~ noise analysis shall be provided which guarantees that noise - ~; levels will not exceed those specified in the Tustin Noise ];l i. Ordinance. 2(I' D. That each Conditional Use Permit application for an outdoor dining area shall be reviewed, based upon location and type of 21~ such establishment, and consideration of the following guidelines: 22 A determination that hours of operation requested are 23 appropriate to the use proposed and consideration given to the proposed use's relation to: 29 1. Residential areas; 2:~ 2. Arcades; 3. Public schools; 2f,ll 4. Relation to live entertainment locations. Resolution No. 2490 Page five E. The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant agrees to all conditions imposed. Failure to comply with any of the foregoing conditions shall be grounds for revocation of any approved Conditional Use Permit. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the ~ day of _~~t ,~,C~'1988. lDll ]l~, ~i 12ji l3~ ~I 19~ lr~l iG;i ~,l ls~~ 21 23 24 2:. I~at~f~ei~ Chairman i ~ Penni Foley Secretary 2i zs STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ~~ `~~ was duly passed and..adopted at a regular meeting of the T~ystin Plann ng omm sslon, held on the /.`'1/1-day of ~~_ .- , 198. ~ ' / ~ ;•. P NN FOLEY Recording Secretary