HomeMy WebLinkAboutORD 1373 (2010)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 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
Ordinance No. 1373
Page 1 of 10
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.
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.
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 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):
Land Use Type '' Parking Spaces Required
Ordinance No. 1373
Page 2 of 10
Land Use Type Parking. Spaces Required
Restaurants, cafes, cafeterias,
lounges, or similar
establishments at which #e~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 shall be
beverages occurs primarily on required when a restaurant use replaces
the premises 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
desi_ nq ation.
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
X50%) threshold.
Restaurants, take out; including
delicatessens, donut shops,
coffee shops, or similar
establishments at which the 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 spaces shall be
consumption of food and required when a restaurant use replaces
beverages occurs primarily a retail, service, or office use on a
away from the premises; take property located within both the Central
etrt Commercial District (C-2) and the Old
uses 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 III. Section 9277 of Part 7 of Chapter 2,of Article 9 of the Tustin City Code is
hereby enacted to read as follows:
Ordinance No. 1373
Page 3 of 10
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 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
Ordinance No. 1373
Page 4 of 10
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.
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.
Ordinance No. 1373
Page 5 of 10
(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 or quasi-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.
(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.
Ordinance No. 1373
Page 6 of 10
(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.
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
Ordinance No. 1373
Page 7 of 10
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).
Ordinance No. 1373
Page 8 of 10
(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 r'rgrtt-of-
way. When notified by the City of Tustin to do so, the restaurant shalt
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 shad 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 by 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 pArtion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision sh~i_not
Ordinance No.'13~3
Page...9'of 10
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
Tustin on this 19t" day of January, 2010. _ ,.---~ `
F'~ ELA STOKER,
C;tv ~:;h;rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1373
Council for the City of
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 (5); that the above and foregoing Ordinance No.
1373 was duly and re~qularly introduced and adopted at a regular meeting of the City
Council held on the 19t day of January, 2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
CCUi`1CILMEP~fBER ABSENT:
~`
PAMELA STONE ,
City`-^lerk
Amante, Nielsen, Davert, Palmer, Gavello (5)
None (~)
None (~)
None (~)
*_~r~n.~r,~P No. 1373
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