Artesia City Zoning Code
ARTICLE 13
5 Incidental Outdoor Uses
§ 9-2.1350 Intent and Purpose.
The intent of the article is to provide for incidental outdoor uses connected to and operated in conjunction with permanent commercial uses located inside adjacent buildings, provided that such uses complement existing storefronts and do not require the construction of new doorways or other significant exterior changes to existing commercial buildings or pavement, and are compatible with and have no adverse effect on surrounding development. Creativity in the design of outdoor uses is encouraged and the quality, character and design of all items placed outside should contribute in a positive way to the visual appearance of the community. The provisions of this article are applicable to outdoor uses located on or adjacent to public sidewalks as well as privately owned walkways in shopping centers and pedestrian arcades.
(Ord. 12-783, § 6)
§ 9-2.1351 Permitted Incidental Outdoor Uses.
§ 9-2.1352 General Standards for Incidental Outdoor Uses.
All outdoor uses permitted by this section shall be subject to the following standards:
Regulation Matrix | |
|---|---|
Provision | Regulation |
Permit timeframe | Valid for 1 year (calendar year), due at time of business license renewal. For outdoor seating and dining only, no additional annual fee will be assessed, only renewal of initial approval required. |
Clearance space for pedestrian traffic | Minimum of 4 feet clear sidewalk from any obstructions. |
Vertical clearance | 8 feet. |
Placement | Cannot block doorways or emergency exits. Items must be adjacent to building. |
Signage | Must comply with Article 12 of the City's Zoning Code. |
Size relative to storefront | May not extend beyond business's street frontage. |
Height limitation | No reference. |
Indemnification | No reference. |
Encroachment permit | Must get permit from City Engineer if display encroaches on public property. Any encroachment on public property limited to 24 inches. |
Insurance | Insurance per encroachment permit on public property. |
Removal of display | Must be removed each day at the close of business. |
Display content | Limited to merchandise sold by business (or decorative items that relate to or complement merchandise). |
Maintenance and supervision | Must be maintained in clean and safe manner. Must be continuously supervised by employees/management. |
Storage and parking | Display cannot impose additional parking requirement. Display cannot incorporate any outdoor storage. |
(a)
A minimum two foot clear space shall be maintained from the edge of the street curb or parking area.
(b)
All outdoor use areas shall be continuously supervised by management or employees of the business to which they are connected to ensure required pathways are kept clear.
(c)
All outside use areas shall be maintained in a clean and safe manner.
(d)
All items placed outside shall be maintained in good repair and no item may be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the Planning Director or designee, code enforcement, law enforcement or Traffic Engineer.
(e)
All entrances and emergency exits shall be kept clear.
(f)
No items may be placed on turf or other planted areas.
(g)
Outdoor uses shall not extend beyond the boundaries of a business's street frontage.
(h)
No item placed outside shall have a vertical height of more than six feet above the surface of the sidewalk, except as specifically approved by staff.
(i)
All items placed outside shall be removed each evening, unless otherwise approved by staff.
(j)
All signing must comply with Article 12 of this Code.
(k)
If an outdoor use is to be located on private property, the business owner shall obtain prior authorization from the owner or management company of such property.
(l)
If an outdoor use is to be located within the public right-of-way, the business owner shall first obtain an encroachment permit from the City Engineer, and provide the City with a certificate of insurance of general commercial liability insurance for an amount as required by the Director or designee, naming the City as an additional insured. Such insurance shall be placed with a company satisfactory to the Director or designee.
(m)
No services shall be provided outdoors in conjunction with any outdoor use, except for table service of food in conjunction with approved outdoor seating.
(n)
No outdoor storage shall be permitted in conjunction with any outdoor use.
(Ord. 12-783, § 6; Ord. 23-948, 12/18/2023)
§ 9-2.1354 Additional Standards for Incidental Outdoor Displays.
All outdoor displays shall be subject to the above general standards and the following additional standards:
(a)
Displays of more than six square feet require approval of a special outdoor use permits pursuant to Article 13.6.
(b)
Display items are limited to merchandise sold by the business or decorative items which area related to or complement the goods and services sold or provided by the business.
(c)
All items shall be placed adjacent to the building. The placement of items on private property is encouraged. If displays extend into the public right-of-way, they shall not encroach into the right-of-way more than 24 inches.
(d)
No display may significantly obstruct the view of any display window.
(e)
Outdoor displays shall not require additional parking beyond that which is otherwise required for the permanent use.
(Ord. 12-783, § 6; Ord. 23-948, 12/18/2023)
§ 9-2.1355 Additional Standards for Sidewalk Sales.
All sidewalk sales shall be subject to the general standards for incidental outdoor uses and the following additional standards:
(a)
A sidewalk sale shall be conducted only by the business(es) located within the building which fronts the right-of-way or property where such sale is to be located.
(b)
A retail business is permitted up to 12 sidewalk sale days per calendar year provided the sale events comply with all applicable standards, The 12 sale days may be consecutive or spread throughout the calendar year.
(c)
The City may prohibit sales at certain times. At least 10 days prior to having a sidewalk sale, or before advertising for a sidewalk sale, a business owner shall obtain approval of date(s) from staff. The City may prohibit a sale event at certain times to prevent a conflict with community events, filming, street or sidewalk repairs, utility repairs, other special events, or an excessive number of sidewalk sales in very close proximity to each other on the same dates.
(d)
No sidewalk sale permitted pursuant to this article shall extend into any parking area, except if the sale occurs before 8:00 a.m. or after 6:00 p.m., and if staff determines that the use of the parking area is necessary for the sale to occur and the event will not impact other businesses or City operations. (The use of a parking area after 8:00 a.m. and before 6:00 p.m. shall require a special outdoor use permit pursuant to Article 13.6.)
(e)
Sidewalk sales shall not be subject to parking requirements.
(Ord. 12-783, § 6)
§ 9-2.1356 Additional Standards for Outdoor Seating.
Except as otherwise provided in Section 9-2.1357, all outdoor seating shall be subject to the standards set forth in Section 9-2.1352 and the following additional standards:
(a)
Types of Uses that May Have Outdoor Seating. Outdoor seating is limited to the following uses:
(b)
Locations in Shopping Centers and Pedestrian Arcades. The location of outdoor seating within shopping centers or pedestrian arcades shall be restricted to common areas.
(c)
Special Outdoor Use Permit, When Required. A special outdoor use permit pursuant to Article 13.6 of this Code shall be required for outdoor seating that does not exceed a single row of tables parallel to the building frontage.
(d)
Conditional Use Permit, When Required. A Conditional Use Permit pursuant to Article 17 of this Code shall be required for outdoor seating that exceeds a single row of tables parallel to the building frontage or when provided within a private patio dining area.
(e)
Separation from Public Right-of-Way.
(1)
With the exception of Subsection (e)(2), outdoor seating that does not exceed a single row of tables shall not be separated from the public right-of-way or a pedestrian walkway by a fence, wall or other structure.
(2)
Outdoor seating within shopping centers or pedestrian arcades that does not exceed a single row of tables may be separated from the public right-of-way or a pedestrian walkway by a fence, wall or other structure.
(3)
Outdoor seating that exceeds a single row of tables may be separated from the public right-of-way or a pedestrian walkway by a fence, wall or other structure.
(f)
Types of Tables and Chairs. Tables and chairs shall be of sturdy construction, made of good quality materials and designed to complement the character of the streetscape.
(g)
Off-Street Parking Required. Uses providing outdoor seating that do not satisfy the conditions set forth in Subsection (h) shall be subject to the off-street parking requirements set forth in Article 11 of this chapter.
(h)
Off-Street Parking Exemption. Notwithstanding Section 9-2.1103(b), uses providing outdoor seating shall not be required to provide additional off-street parking under the following conditions:
(1)
Restaurants.
(i)
The off-street parking requirements for the indoor dining area of the restaurant have been satisfied or an in-lieu parking fee has been paid.
(ii)
The maximum seating capacity of the outdoor seating is limited to 12 or fewer people.
(iii)
For outdoor seating with a maximum seating capacity between six and 12 people, the Planning Department may conduct a parking study and require the special outdoor use permit or conditional use permit applicant to submit a plan for employee off-street parking to the Planning Department for its review and approval.
(2)
Shopping Centers and Pedestrian Arcades.
(i)
The outdoor seating is provided for use by patrons of the shopping center or pedestrian arcade and not restricted to use by patrons of a single tenant business.
(ii)
The Planning Department has determined that the outdoor seating will not adversely impact off-street parking for the shopping center or pedestrian arcade or surrounding development, or the maximum seating capacity of the outdoor seating has been limited to an amount determined by the Planning Department to not adversely impact off-street parking for the shopping center or pedestrian arcade or surrounding development.
(Ord. 13-791, § 9; Ord. 19-878, § 10; Ord. 23-948, 12/18/2023)
§ 9-2.1357 Additional Standards for Outdoor Seating and Dining in the Downtown Commercial Area.
Notwithstanding the provisions of Section 9-2.1356, all outdoor seating and dining in the downtown commercial area shall be subject to the standards set forth in Section 9-2.1352 and the following additional standards:
(a)
Definitions. For purposes of this section, the following definitions shall apply:
(1)
Downtown commercial area shall mean the area along Pioneer Boulevard generally bounded by 183rd Street on the north, South Street on the south, the first street east of Pioneer Boulevard on the east, and the first street west of Pioneer Boulevard on the west.
(b)
Types of Uses that May Have Outdoor Seating and Dining. Outdoor seating and dining are limited to the following uses:
(c)
Locations in Shopping Centers and Pedestrian Arcades. The location of outdoor seating and dining within shopping centers or pedestrian arcades shall be restricted to common areas.
(d)
Special Outdoor Use Permit, When Required. A special outdoor use permit pursuant to Article 13.6 of this chapter shall be required for outdoor seating and dining that does not exceed three rows of tables parallel to the building frontage.
(e)
Conditional Use Permit, When Required. A conditional use permit pursuant to Article 17 of this chapter shall be required for outdoor seating and dining that exceeds three rows of tables parallel to the building frontage or when provided within a private patio dining area.
(f)
Separation from Public Right-of-Way.
(1)
With the exception of Subsection (f)(2), outdoor seating and dining that does not exceed three rows of tables shall not be separated from the public right-of-way or a pedestrian walkway by a fence, wall or other structure.
(2)
Outdoor seating and dining within shopping centers or pedestrian arcades that does not exceed three rows of tables shall be separated from the public right-of-way or a pedestrian walkway by a fence, wall, or other structure.
(3)
Outdoor seating and dining that exceeds three rows of tables shall be separated from the public right-of-way or a pedestrian walkway by a fence, wall or other structure.
(g)
Types of Tables and Chairs. Tables and chairs shall be of sturdy construction, made of good quality materials, designed to complement the character of the streetscape and the building architectural design, and be consistent with any applicable design guidelines, subject to the approval of the City Manager or designee.
(h)
Physical Outdoor Seating and Dining Elements. Physical outdoor seating and dining elements, including awnings, covers, and umbrellas, shall be compatible with one another, complement the character of the streetscape and the building architectural design, and be consistent with any applicable design guidelines, subject to the approval of the City Manager or designee.
(i)
Off-Street Parking Required. Uses providing outdoor seating and dining that do not satisfy the conditions set forth in Subsection (j) shall be subject the off-street parking requirements set forth in Article 11 of this chapter.
(j)
Off-Street Parking Exemption. Notwithstanding Section 9-2.1103(b), uses providing outdoor seating and dining shall not be required to provide additional off-street parking under the following conditions:
(1)
Restaurants.
(i)
The off-street parking requirements for the indoor dining area of the restaurant have been satisfied or an in-lieu parking fee has been paid.
(ii)
The maximum seating capacity of the outdoor seating and dining is limited to 25 or fewer people or the maximum floor area of the outdoor seating and dining is less than 250 square feet.
(iii)
For outdoor seating and dining with a maximum seating capacity between 20 to 25 people, the Planning Department may conduct a parking study and require the special outdoor use permit or conditional use permit applicant to submit a plan for employee off-street parking to the Planning Department for its review and approval.
(2)
Eating or Drinking Business Establishments. The maximum seating capacity of the outdoor seating and dining is limited to 25 or fewer people or the maximum floor area of the outdoor seating and dining is less than 250 square feet.
(3)
Shopping Centers and Pedestrian Arcades.
(i)
The outdoor seating is provided for use by patrons of the shopping center or pedestrian arcade and not restricted to use by patrons of a single tenant business.
(ii)
The Planning Department has determined that the outdoor seating and dining will not adversely impact off-street parking for the shopping center or pedestrian arcade or surrounding development, or the maximum seating capacity of the outdoor seating and dining has been limited to an amount determined by the Planning Department to not adversely impact off-street parking for the shopping center or pedestrian arcade or surrounding development.
(k)
Encroachment Permit, When Required. An encroachment permit is required for any outdoor seating and dining encroachment onto the public right-of-way.
(1)
Required Clearance. Outdoor seating and dining encroachments onto the public right-of-way shall maintain a minimum four foot clearance from any obstruction.
(2)
Required Insurance. Encroachment permittees shall procure and maintain, for the duration of the encroachment permit, commercial general liability insurance against claims for injuries to persons or damages to property that may arise in connection with the encroachment with a minimum limit of two million ($2,000,000.00) dollars per occurrence for bodily injury, personal injury, and property damage, and naming the City as an additional insured.
(3)
Installation of Permanent Fencing or Barriers. Any permanent fencing or barriers around the outdoor seating and dining area shall be installed and constructed in accordance with the requirements of the encroachment permit and subject to the approval of the Planning Director. Encroachment permittees, at their own cost and expense, shall file with the City prior to the installation and construction of the fencing or barriers a good and sufficient security, in the form of a cash deposit or surety bond, in an amount not less than $10,000 to guarantee the removal of the fencing or barriers, and the return of the public right-of-way to its original condition at the time of issuance of the encroachment permit, upon the revocation or expiration of the encroachment permit.
(4)
Removal of Fixtures and Equipment.
(i)
Removal at Close of Business. Encroachment permittees shall remove all fixtures and equipment placed within the public right-of-way pursuant to an encroachment permit at the close of each business day, unless otherwise approved by the City Manager or designee.
(ii)
Removal upon Revocation or Expiration of Encroachment Permit. Upon the revocation or expiration of an encroachment permit, the encroachment permittee shall immediately remove all fixtures and equipment placed in the public right-of-way, including all permanent fencing and barriers, and shall return the public right-of-way to its original condition at the time of issuance of the encroachment permit, subject to the approval of the City Manager or designee. The encroachment permittee shall obtain approval from the City for all required permits prior to the removal of all permanent fencing and barriers. A permittee's failure to comply with this subsection is hereby declared to be a public nuisance.
(l)
Outdoor Dining and Seating Safety Standards. Vehicle impact protection devices shall be required pursuant to Section 9-2.1105(h).
(m)
Valet Parking. Special outdoor use and conditional use permittees shall implement valet parking upon the City's request during peak business hours on weekends and/or weekdays, as determined by the City Manager or designee, as follows:
(1)
On-site valet parking may be provided in the subject property's parking lot subject to the City Manager or designee's approval and provided that no vehicles shall block the public sidewalk or impede traffic at any time; or
(2)
If no on-site parking is available in the subject property's parking lot, or if there is insufficient on-site parking, off-site valet parking shall be provided as follows:
(i)
Two on-street parking spaces directly in front of the business frontage shall be used as a valet loading and unloading zone and the permittee shall pay the City the full day's rate for each parking space; and
(ii)
The valet vehicles shall be parked in the public parking lot located at 18530 Corby Ave, and the permittee shall pay the City the applicable parking rate per vehicle parked within the public parking lot.
(n)
On-Site Sales of Alcoholic Beverages. On-site sales of alcoholic beverages in the outdoor seating and dining areas within the downtown commercial area shall be subject to approval by the California Department of Alcoholic Beverage Control and approval of a conditional use permit pursuant to Section 9-2.3203(dd).
(Ord. 19-878, § 12; Ord. 23-948, 12/18/2023)
§ 9-2.1358 Enforcement.
All violations of this article are punishable as provided in Chapter 1 of Title 5 of this Code.
(Ord. 12-783, § 6; Ord. 13-791, § 8; Ord. 19-878, § 11)