HomeMy WebLinkAboutNB 1 OUTDOOR SEATING 07-05-88FROM:
SUBJECT:
WILLIAM HUSTON, CITY PlANAGER
COll, lqlJNITY DEVELOPHENT DEPARllqENT
OUTDOOR SEATTNG
RECOIIqENDATTON.
Pleasure of the City Counctl.
BACKGROUND
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The City Council at their regular meeting on June 20th requested that Council
review recently adopted outdoor seating guidelines approved by the Planning
Commission at their meeting on June 13th.
Attached for the City Council's information and .review is Planning Commission
Resolution No. 2490 establishing outdoor seating guidelines. The Planning
Commission staff report on this item is also attached for the City Council's
information.
Christine Shingleton l/
Director of Communit~Development
CAS'pef
Resolution No. 2¢90
Planning Commission Report 6-13-88
Report to the
Planning Commission
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Item No. 6
DATE: ,JUNE 13, 1988 ,~
SUBJECT: OUTOOOR SEATING GUIDELINES
REC01IIENDATI0.,,N
'It ts recommended that the Planntng Commission approve Resolution No. 2490 as
submitted or revtsed.
BACKGROUND
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On Hay 23, 1988 the Planntng Comnrlsston revtewed the staff recommendations for
the proposed Outdoor Seattn9 Guidelines. At that ttme, the Planntng Commission
dtrected staff to prepare a resolution (attached) containing the guidelines
staff proposed wtth Incorporation of the Commission's comments.' The attached
resolution Incorporates all of the tssues previously discussed by the Planntng
Commission.
The Planntng Commission had also requested Information regarding spectftc
Alcoholic Beverage Control (ABC) requirements. In reviewing applications for
outdoor dtntng areas where alcohol ts to be served, these common rules apply:
1. The patto area shall be clearly/physically deftned. It must be clearly a
part of the restaurant t t serves;
2. The patto shall be accessed through the tntertor of the restaurant only
(emergency extts are requtred per Ftre Code);
3. No publlc thoroughfares shall go through the patto area; and
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4. The area shall be physically supervised by an employee by etther vtsual
contact or dtrect, personal supervision.
Some "common" food courts have been accommodated tn areas such as 1;he Atrium
Court and other locales. These common food areas must be clearly deftned,
properly posted wtth stgns regarding 'alcohol consumption areas and each
restaurant must serve beverages tn different types of containers.
Community Development Department
Planning Commission Report
Outdoor Seating Guidelines
June 13, ~L988
Page two
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The local Orange County ABC Dtstrtct has not issued any ltcenses for food or
theme parks or IndiVidual users who don't meet these guidelines. However, the
San Diego District has issued more lenient permits in the past. According to
the Orange County office, the issuance of-special permits is up to the
discretion of the Dtstrtct Administrator wtth ftnal approval from the State
offtce.
CONCLUSTON
Staff has concurred that the guidelines will provide a needed reference when
reviewing outdoor seating applications. With the attached resolution, staff can
establish a uniform review procedure as well as design criteria which are
sensitive to the specific issues related to outdoor seating areas.
La'ura Cay Pickup////
//
Acting Senior Planner ~/
LCP:pef
Attachment: Resolution No. 2490
community Development Department
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RESOLUTION NO. 2490
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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.
6 The Planning Commission of the City of Tustin does hereby resolve as
follows:
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I. The Planning Commission finds and determines as follows'
A. That certain guidelines shall be conside)'ed 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:
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1. Alcoholic Beverage Sales - Should the proposed establishment
wish to smell alcoholicll'beverages, any outdoor dining area
shall be designed to nmet the standards of the State
'Departnmnt of ~coholic Beverage Control. Specifically, the
outdoor dining ~rea nmst:
a) the patio~rea shall be clearly/physically defined. It
nmst be clearly ~t..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
confornmnce with all laws regarding consump.tion of
alcoholic beverages while on the restaurant
premises.
2. Confomance to Parking Requirements - A1 though in some
cases the outdooraining
i 'area ...... may be seasonal in
na.ture, the number of seats provided or the area used
as a seating area should be considered in determining
the parki ng requirements for the restaurant as a
whole. Therefore'
a) depending on the location and the parking
requirenmnts for the property where the restaurant
is proposed, the outdoor sea ting 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
R~solutton No. 2490
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common" no spec1 fi c park tng requi remen ts are
applicable; however, these seating areas are not to be
reserved or intended for specific use by any particular
restaurant or tenant tn the center and shall be
available to publtc use.
3. Clean up facilities - All outdoor seating areas, be
they part Of 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 publ.ic
nuisance.
4. Design Compati~[ility - Since outdoor dining areas are
typiCally vis_~le from the public street, special
consideration ~or design is essential. The current
Design Review 1)rocess.as established by Section 9272 of
the Municipal Code i'llows 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) All outdoor dining and seating areas shall be
designed so as to not obstruct vehicular or
pedestrian traffic flow and shall be designed in a
fashion so that they do not necessitate removal of
any existing pedestrian or vehicular movement
area;
b) all structural elements, umbrellas, furniture, awnings,
covers or other physical elements which are visible to
the public right-of-way shall be compatible with the
overall design of the main structures; and
c) all signs and advertisement materials placed in an
outdoor dining or seating area shall be in
conformance wi th 'the Sign Code, as well as any
adopted Sign Program for the building in which the
seating is to be located.
Resolution No. 2490
Page three
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Location to Sensitive Uses - The use of outdoor dlning and
seating areas creates"'a p~destrian 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'
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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 in outdoor'
seating areas should be considered;
b) should any restaurant have dancing or play
amplified music, the outdoor seating area shall be
sealed off in a fashion so as to restrict noise
from disturbing other businesses or residents; and
c) outdoor ~eating and dining areas and their
relation ~o residential uses, public schools,.
-.~ churches, /~hospttals and arcades shall be reviewed
and proof mitigation measures applied for
problems related~co noise, light, glare and loitering
shall be applied to avoid land use conflicts.
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.
Resolution' No. 2490-
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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.
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
Muni ci pal Code.
7. The use of awnings, umbrellas, plants, and other human scale
elements is encouraged to enhance the pedestrian experience.
8. Trash receptacles shall be provided in the outside dining
area.
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9. CUP's whtch are approved for outdoor dining areas are
subject to revi.ew after one year. At such time, staff shall
conduct a stud~ to determine if any adverse impacts have
resulted from th~-'use. If not,. then a permanent CUP may be
granted. ~_~'
10. Outdoor dining areas ~all be a minimum of 200 feet from
residential uses.
11. If enter.tatnment or dancing, is provided on the premises, a
noise analysis shall be provided which guarantees that noise
levels will not exceed those specified in the Tustin Noise
Ordinance.
That each Conditional Use Permit application for an outdoor
dining area shall be reviewed, based upon location and type of
such establishment, and consideration of the following
gui del i ne s:
A determination that hobrs of operation requested are
appropriate to the use proposed and consideration .given to the
prop, osed use' s relation to:
1. Resldential areas;
2. Arcades;
3. Public schools;
4. Relation to live entertainment locations.
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Resolution No. 2490
Page fi ve
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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
condltions shall be grounds for revocation of any approved
Conditional Use Permtt.
PASSED AND ADOPTED at a regular meeting of the Tustln Planning Commission,
held on the .~_.~day of ~t~1988.
Kathy We'i l~ i ,
Chairman
'Penni Foley
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certtfy that I am the l~ecord~ng
Secretary of the Planntng .Coeetsston of the Ctty of Tust~n, California; that
Re so l u l:t on No. ~z?~'~:~ was duly passed and.. adopted at are. gu. lar meel;~ng of
the T_ust~n Planning commission, held on the /,~,~day of .... ~.... · ~_~.~.. ,
FOLEY
Recordtng Secretary