§ 9395.1. Outdoor dining design and operational standards enumerated.

No property in the commercial land use districts which allows for dining establishments defined in this section shall be used for outdoor dining unless said outdoor dining complies with the following standards. This section does not apply to patio areas which were designated for dining as part of the original permit processing.

A.

Outdoor dining operational standards.

1.

All outdoor dining shall be located on private property, immediately adjacent to the dining establishment.

2.

Dining establishments that serve alcoholic beverages in their outdoor dining area shall be required to meet the additional specific standards from the state alcoholic beverage control board as well as all other applicable state and local requirements.

3.

Temporary, mobile, or freestanding food service providers are not eligible under these standards.

4.

An obstruction free, clear sidewalk area for pedestrian traffic passing through the outdoor dining and seating area shall be required. Dining areas shall not be permitted in areas where less than a four-foot obstruction-free pedestrian area exists between outside the cafe area and any obstructions such as streets, trees, newsstands, bus benches, or curblines.

5.

No sign, including signs on table umbrellas, shall be permitted in the outdoor dining area of the establishment with the exception of an identification or menu sign.

6.

All fire department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards shall be supplied at the time of application.

7.

All outdoor dining sites shall be handicapped accessible per federal, state, and local requirements.

8.

The property owner, the property management, and the management of the dining establishment shall be responsible for compliance with all outdoor dining requirements.

9.

Unruly behavior shall not be permitted in the outdoor dining area.

10.

Outdoor dining areas, including flooring, shall remain clear of litter, food scraps, and soiled dishes at all times. Where eating establishments provide self-service take-out service, an adequate number of employees shall be maintained to clear refuse or litter on a regular basis even though table service is not provided. Concrete flooring shall be washed daily.

11.

At the end of the business day, establishments shall be required to clean (sweep and mop) the area in and around the outdoor dining area.

12.

If disposable utensils are used, the establishment shall comply with all applicable recycling programs.

13.

Outdoor dining areas shall be continuously supervised by management or employees of the dining establishment. Dining establishments serving alcoholic beverages shall have a supervisor on-site at all times.

14.

Outdoor dining areas shall be operated in a manner that meets all requirements of the health department of Los Angeles County and any other applicable regulations.

15.

Outdoor speakers are prohibited.

B.

Outdoor dining permit requirements and standards.

1.

Public eating establishments with four (4) or more tables shall require an outdoor dining permit from the planning and community development department. Such eating establishments shall provide the following:

a.

Outdoor dining areas requiring an outdoor dining permit shall provide barriers or enclosures to designate outdoor dining areas. The need for barriers or enclosures shall be at the discretion of the director of planning and community development and shall depend on the number of tables and the distance from pedestrian accessways. Barriers or enclosures must conform to the building and safety department's installation standards and be removable (capable of being removed, if needed, by use of recessed sleeves and posts, or by wheels which can be locked into place). All barriers must be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the barricade when in their fixed positions. The height of any barrier shall not be less than three (3) feet, or more than three and one-half (3½) feet, including the top of any landscaping.

Required landscaping used for barriers shall be properly maintained. Water drainage onto the sidewalk shall not be allowed. Stressed or dying landscaping must be promptly replaced. Potted plants shall have a saucer or other suitable system to retain seepage and be elevated to allow for air flow of at least two (2) inches between the saucer and the sidewalk.

b.

Any dining establishment that provides outdoor dining requiring an outdoor dining permit shall provide the required parking for the dining area, as defined in section 9654.6.

c.

Each outdoor dining permit application shall include the following:

(1)

Written approval from the property management;

(2)

A seating plan;

(3)

A detail of the required enclosure;

(4)

Furniture specifications; and

(5)

A parking analysis.

The design materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings for both public eating and food establishments shall be generally consistent with both the architectural style and colors used on the building facade and the quality of the shopping center fixtures, as determined by the director of planning and community development.

d.

The layout of outdoor dining and seating areas required as part of the outdoor dining permit shall be in conformance with designs established by the department of planning and community development.

2.

All plans and permits for the outdoor dining area approved by the city shall be kept on the premises for inspection at all times the establishment is open for business.

3.

Upon termination of the outdoor dining use, the outdoor dining barriers shall be removed and the sidewalk returned to its original condition.

4.

Any modification to the approved plans shall be submitted for review and approval by the department of planning and community development prior to the initial implementation of any modification and shall comply with applicable guidelines then in effect.

(Ord. No. 94-245, § 1, 3-9-94)