CC SR 20210720 09 - Outdoor Dining Code Amendment
CITY COUNCIL MEETING DATE: 07/20/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to initiate code amendment proceedings to amend the
Rancho Palos Verdes Municipal Code (RPVMC) regarding outdoor dining regulations.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to amend Title 17 (Zoning) of the RPVMC
to codify outdoor dining regulations in the City’s commercial zoning districts.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
BACKGROUND AND DISCUSSION:
In March 2020, the Los Angeles County Department of Public Health declared a local and
public health emergency in response to the COVID-19 pandemic that required following
new public health guidelines including closure of indoor, in-person dining and prohibition
on gatherings. Over the following several months, the emergency directives were updated
in accordance with the number of COVID-19 cases and allowed, from time-to-time,
outdoor operations for certain establishment with limited capacity.
The Rancho Palos Verdes Municipal Code (RPVMC) is a permissive code in which any
use not specified in the Zoning Code is presumptively prohibited. As the City’s Zoning
Code is silent on outdoor dining in the commercial zoning districts, it would mean such
activities are not allowed. However, given the unusual circumstances of how businesses
could sustain their operations during COVID-19, new guidelines allowing flexibility in
outdoor operations were implemented throughout the country to assist local businesses.
As part of this effort, the City developed a Temporary Special Use Permit (TSUP) in July
2020, that provided an opportunity for businesses to conduct limited outdoor operations
on sidewalks and parking lots including, but not limited to, gyms, restaurants, hair salons,
and personal care services. The TSUP applications did not require a separate filing fee,
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public notification, or appeal process that is typically required for a standard Special Use
Permit to expedite the process and support the local business community. To date, three
applications were administratively processed for an outdoor fitness and dining areas
along the Western Avenue commercial corridor.
While only a small number of businesses have formally applied for and obtained a TSUP,
there appears to be more establishments that may have continued their business
operations outdoors without knowledge of the TSUP process. The City realizes that the
opportunity to allow outdoor dining in particular has been a crucial vehicle to sustaining
local businesses and enhancing their livelihood along streetscapes during an
unprecedented pandemic and economic hardship.
On June 15, 2021, the Los Angeles County Department of Public Health COVID-19
protocols prohibiting indoor services and dining was completely lifted and most
businesses were able to return to full operations. This in turn meant that the City’s TSUP
was no longer available for applicable businesses that sought to continue outdoor
operations unless an ordinance was adopted allowing such activities.
Due to the socioeconomic benefits that can be gained by the local business community
and the City as a whole, as well as the uncertainty of when we will go back to pre-COVID-
19 normalcy, Staff recommends the City Council introduce an outdoor dining ordinance
within the City’s commercial zoning districts to allow continuance of or the opportunity for
businesses to operate outdoor dining. Similar efforts to allow and regulate outdoor dining
operations are also being considered in other local jurisdictions, such as the City of La
Cañada Flintridge, which does not have an outdoor dining ordinance as well. Should the
City Council direct Staff to initiate code amendment proceedings to regulate outdoor
dining within commercial zones, Staff will proceed with the standard code amendment
process of first obtaining Planning Commission input on the proposed code language for
recommendation to the City Council. During the code amendment process, Staff will
research and assess outdoor dining regulations in other local jurisdictions to recommend
possible code language that fits into the context of the City by con sidering, but not limited
to, fence/wall or landscaping buffers, noise, parking, hours of operation, and setbacks.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not authorize code amendments to regulate outdoor dining at this time, in which
case the issuance of Temporary Special Use Permits will be unavailable as the
Los Angeles County Department of Public Health has retired the COVID-19
protocol for restaurants.
2. Take other action, as deemed appropriate.
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