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HomeMy WebLinkAbout15 ORDINANCE NO. 1373 (CODE AMENDMENT 09-004) 01-19-10Agenda Item 15 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: JANUARY 19, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE NO. 1373 (CODE AMENDMENT 09-004) - REDUCED RESTAURANT PARKING REQUIREMENTS FOR OLD TOWN TUSTIN AND ESTABLISHMENT OF NEW OUTDOOR RESTAURANT SEATING REGULATIONS FOR THE CITY, INCLUDING OLD TOWN TUSTIN SUMMARY: Completed in 2008, the Old Town Parking Study evaluated existing parking conditions in the commercial areas of Old Town and made numerous recommendations that the City consider implementing modified parking standards, and alternative methods of addressing parking requirements within Old Town Tustin that would promote business attraction and economic development in the area. 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. Proposed Code Amendment 09-004 (Ordinance No. 1373) would implement innovative parking solutions and modify the City's standard parking requirements to: 1) Reduce restaurant parking requirements for Old Town Tustin; and 2) Facilitate the establishment of outdoor restaurant seating areas in Commercial Districts within the City, including Old Town Tustin. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1373 (roll call vote). FISCAL IMPACT: Ordinance No. 1373 is aCity-initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. BACKGROUND: On January 5, 2010, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1373 (CODE AMENDMENT 09-004) - REDUCED RESTAURANT PARKING REQUIREMENTS FOR OLD TOWN TUSTIN AND ESTABLISHMENT OF NEW OUTDOOR RESTAURANT SEATING REGULATIONS FOR THE CITY, INCLUDING OLD TOWN TUSTIN. V atricia Estrella City Clerk Services Supervisor ATTACHMENT: Ordinance No. 1373 ORDINANCE NO. 1373 AN ORDINANCE 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 SECTION 9233c(g) OF PART 3 OF CHAPTER 2, OF ARTICLE 9 TO PROHIBIT DRIVE-THROUGH RESTAURANTS WITHIN THE OLD TOWN AREA, 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: 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. Planning Commission Resolution No. 2490 previously provided policy guidance for the establishment of outdoor seating areas and is hereby revoked. Ordinance No. 1373 Page 2 F. 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 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 December 8, 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. 4129 recommending that the Tustin City Council adopt the Negative Declaration and approve Code Amendment 09-004. H. That on January 5, 2010, a public hearing was duly noticed, called, and held before the City Council concerning this Code Amendment. I. 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 balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Section II Section 7210 of Part 1 of Chapter 2,of Article 7 of the Tustin City Code is hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): 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. Section III Section 9233c(g), of Part 3 of Chapter 2,of Article 9 of the Tustin City Code is hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): 9233 CENTRAL COMMERCIAL DISTRICT (C-2) c Conditionally Permitted Uses (g) Drive-in establishments for permitted uses except drive-in establishments are prohibited on all properties located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. Section IV The relevant portions of Table 1 of Subsection g of Section 9263, of Part 6 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): Ordinance No. 1373 Page 3 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 rimaril 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 parkina shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fiftv percent (50%) of the restaurant's interior seating area; 1 additional parkina space shall be required for each additional 100 sq ft. by which the outdoor restaurant seating area exceeds the fiftv percent (50%) 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-throughLexcept 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; tape-eat office use on a propertv 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 fiftv 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 V. Section 9277 of Part 7 of Chapter 2,of Article 9 of the Tustin City Code is hereby enacted to read as follows: 9277. OUTDOOR RESTAURANT SEATING AREAS a. Purpose The regulations and requirements of this division are intended to provide for the proper location and minimum standards for outdoor restaurant seating areas at Ordinance No. 1373 Page 4 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. 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. Ordinance No. 1373 Page 5 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. d. 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. (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 center 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 establishment or expansion of outdoor restaurant seating areas shall be subject to the City's Design Review process in accordance with Section 9272 to ensure compatibility in color and style with the exterior of the building. The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience. (2) The applicant shall comply with all applicable federal, state, county and city laws and regulations, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. Ordinance No. 1373 Page 6 (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. (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. (11) Live entertainment or amplified music within the outdoor restaurant seating area shall be accomplished in such a fashion so as to comply with the Tustin City Code and City's Noise Ordinance and restrict noise from disturbing other businesses or residents. (12) Lighting shall be provided to illuminate the outdoor restaurant seating area. (13) Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions. Ordinance No. 1373 Page 7 f. 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 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 Manager. (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 Ordinance No. 1373 Page 8 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. (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 VI. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. Section VII. 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 2010. JERRY AMANTE, 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 5th day of January 2010, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of 2010, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: