The General Plan, adopted in 2008, called the 130-acre Civic Center the “Heart of the City” stating that people should be drawn to the Civic Center to become engaged in the community and to experience the place itself.  The Civic Center is a prime “Focus Area” with a mixed-use Land Use designation, Civic Center Mixed Use, which promotes civic, commercial, open space, and residential uses in a human scale environment with pedestrian-friendly streets and paths that connect public gathering spaces.  Later in 2012, the City adopted the Civic Center Mixed Use zones 1, 2, and 3 to implement the General Plan Land Use designation of Civic Center Mixed Use.  The properties along Main Street were zoned CC-2 (Civic Center Main Street), which was established to “preserve and enhance buildings and structures of historic and cultural significance, and incidental uses that advance and preserve the Main Street character and charm.” 

Recently, the City has received numerous requests from eating establishment owners within the Historic Main Street area for outdoor dining in the public right-of-way between Garden Grove Boulevard and Acacia Parkway.  Parallel parking exists on the east and west sides of Main Street, however, there is no curb separating the walkway from the street parking area.  The existing width of the public right-of-way along Main Street is 75 feet, with a 15-foot walkway between the front property line of each storefront and the edge of the parallel parking limit.  Therefore, it is proposed that outdoor dining areas in the public right-of-way be only allowed within the 15-foot area directly in front of the eating establishment to allow vehicular travel to remain as is.

Currently, eating establishment/restaurant uses within the Historic Main Street area, which are a permitted use in the CC-2 zone, are not permitted to have outdoor dining that encroaches into the public right-of-way.  However, the City recognizes that visitors and individual businesses within the Historic Main Street area may benefit from outdoor dining in the public right-of-way.  Outdoor dining in the public right-of-way may invigorate the street, while offering restaurants an opportunity for additional seating.  The City’s General Plan encourages outdoor dining in the Civic Center to encourage a pedestrian friendly area that contributes to the walkability appeal of Downtown, encourages opportunities for social interaction, and contributes to Downtown’s identity and streetscape, as well as to “preserve the Main Street character and charm.”  Moreover, outdoor dining in the public right-of-way may be a unifying element throughout the Downtown that will encourage new businesses to open in the Historic Main Street area.  As a result, the City is proposing a zoning text amendment that will establish design standards and guidelines to ensure that outdoor dining areas in the public right-of-way are of high quality design to contribute to the creation of a functional and aesthetically pleasing streetscape that suits the historic character of Main Street.

The proposed amendment will apply to current and/or future eating establishments that provide meal service.  Uses aside from eating establishments in the CC-2 zone will continue to be precluded from having outdoor seating in the public right-of-way and are not affected by the proposed amendment.

Planning Staff presented to the Downtown Commission (formerly known as the Main Street Commission) on November 9, 2017, with the proposed requirements of the Public Works Department, the Police Department, the Community and Economic Development Department, the State of California Alcoholic Beverage Control Department (ABC), and the Americans with Disabilities Act (ADA) for outdoor dining in the public right-of-way within the Historic Main Street area.  Planning Staff presented illustrations of potential layouts for outdoor dining in the public right-of-way that meet the intent of the proposed amendment.  The Downtown Commission is in support of the proposed Code Amendment and has recommended its approval.

The following discussion summarizes the proposed amendments to the Municipal Code to establish development standards and regulations to permit outdoor dining in the public right-of-way on Historic Main Street, while minimizing associated impacts.  Staff is proposing amendments to both Title 9 (the Land Use Code) and Title 11 (relating to encroachment permits for use of the public right-of-way). 

The proposed amendments to Title 11 would establish specific provisions for issuance of encroachment permits to adjacent eating establishments to establish and maintain an outdoor dining area that encroaches in the public right-of-way.  The Planning Commission’s jurisdiction is limited to land use matters, and the Planning Commission was not asked to make a recommendation to the City Council regarding the proposed Title 11 amendments pertaining to encroachment permits; however, the proposed Title 11 amendments were presented to the Planning Commission in order to provide context and to inform its decision regarding the proposed Land Use Code amendments.

The proposed Land Use Code (Title 9) amendments would establish a process for eating establishments fronting Historic Main Street to obtain a Main Street Outdoor Dining Permit authorizing them to maintain and use an outdoor dining area in the public right-of-way that is incidental and accessory to the eating establishment use and would address design standards, aesthetic concerns, and operational requirements for these outdoor dining areas.  The proposed amendment will add new definitions, design requirements, and operational standards to outdoor dining in the public right-of-way within the Historic Main Street area, which will apply only to eating establishments with, or without, alcohol sales or consumption within properties that front Main Street, where the outdoor dining area is along Main Street, and are zoned CC-2.  The amendment will include design guidelines and specific operational requirements by various City and State departments, such as the Public Works Department, the Police Department, the Community and Economic Development Department, the Building and Safety Division, and the State of California Alcohol Beverage Control Department (ABC). 

Application Requirements and Review Process:

The review and approval procedures for a Main Street Outdoor Dining Permit will vary based on the applicant’s request, any existing approvals for the associated eating establishment, and whether the applicant is requesting, or has already obtained, Conditional Use Permit (CUP) approval for the sales and consumption of alcohol for the eating establishment.     

Pursuant to the proposed amendments, eating establishments that are requesting outdoor dining in the public right-of-way, but which are not requesting to sell and serve alcohol to patrons, can obtain approval from the Director of the Community and Economic Development Department. 

If an eating establishment proposes to serve alcohol within the outdoor dining area, it must obtain a new or amended Conditional Use Permit pursuant to the provisions of Municipal Code Section 9.18.060, and the Main Street Outdoor Dining Permit application would be processed and considered in conjunction with the Conditional Use Permit.

Along with the application, the applicant will be required to submit written authorization from the property owner, evidence that the business is in compliance with previous approvals, and plans that show in detail the location, dimensions, and seating arrangement of the proposed outdoor dining area.  Upon approval, the applicant will be required to obtain an encroachment permit from the Public Works Department and provide evidence of liability insurance and workers compensation valid for the duration of the permit year, per the proposed amendments to Title 11.

Design Requirements:

The proposed amendment will establish design standards for outdoor dining areas in the public right-of-way within the Historic Main Street area, to be added to Municipal Code Section 9.18.090.050, Additional Regulations Specific to the CC-2 Zone.  Establishing design standards will encourage outdoor dining areas to be architecturally and aesthetically compatible with the historic character of Main Street, as well as ensure that the outdoor dining area be designed to meet applicable Building Codes, ABC requirements, and comply with the ADA.

The proposed amendment will require outdoor dining areas to only be permitted in areas where a minimum four-foot wide sidewalk can be maintained for pedestrian path of travel, as required by the ADA, and in areas where the outdoor dining does not interfere with visibility, vehicular or pedestrian mobility. 

ABC requires a firmly anchored fabricated barrier around the outdoor dining area if alcohol is being served.  If the sale of alcohol is not being proposed, a barrier is optional, but should comply with the guidelines established by the amendment, including the ADA and aesthetic requirements for the Historic Main Street area.  The design of the fabricated barrier is to be consistent with the aesthetic and architectural character of the Historic Main Street area, and must be wrought iron or a material approved by the Community and Economic Development Department. 

To maintain compliance with the ADA and Building Code requirements, a three-foot clearance around dining furniture that does not encroach into the required four-foot walkway will generally be required, as well.  However, in no case shall trees or planters be removed or relocated to meet the required clearance.  The amount of seating that will be permitted in an outdoor dining area will depend on the location of any trees, benches or lamp posts in the right-of-way and will be subject to applicable Building Code occupancy limits.

The proposed code amendment will allow for the alteration of building façades to accommodate an outdoor dining alcove within the existing building footprint in conjunction with an outdoor dining area that encroaches into the public right-of-way.  Altering the building façade for a dining alcove allows for a larger outdoor dining area, while continuing to maintain the required four-foot walkway. 

To meet the intent of the CC-2 zone to preserve the Main Street character, the proposed amendment will require that the design of all outdoor dining areas, including tables and chairs proposed, be architecturally and aesthetically compatible with the Historic Main Street area.

Operational Requirements:

The proposed amendment will also address operational requirements for outdoor dining areas in the public right-of-way within the Historic Main Street area, as required by ABC and the Garden Grove Police Department, to limit impacts to the neighboring area.  Furthermore, the proposed amendment would establish maintenance guidelines, as required by Garden Grove’s Public Works and the Community and Economic Development Departments.  Outdoor dining areas are to be kept in a good state of repair and should be maintained in a clean, safe, and sanitary condition.  In addition, all building entryways and the required pedestrian path of travel must be kept clear and unobstructed at all times.  With the exception of the barriers, all furniture and umbrellas are to be removed and stored inside the associated tenant space during nonbusiness hours to prevent storage within the outdoor dining area. 

Encroachment Permit Requirements:

An applicant will be required to simultaneously apply for, and obtain approval of, an encroachment permit from the Public Works Department in order to maintain an outdoor dining area in the public right-of-way.  The encroachment permit must be renewed on an annual basis with the Public Works Department in order to continue the use of the outdoor dining area in the public right-of-way.  A new encroachment permit is to be required in the event the eating establishment changes ownership.  Along with the permit renewal application, proof of commercial general liability insurance and workers compensation insurance is to be submitted for the life of the renewal period. 

No fiscal impact to the City regarding this proposed Amendment.

It is recommended that the City Council:

• Conduct a Public Hearing;

• Determine that the Ordinance is categorically exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15061(b)(3);

• Introduce and conduct the first reading of the attached Ordinance approving Amendment No. A-022-2018 to amend Title 9 of the Municipal Code to provide for a process to permit eating establishments on Historic Main Street, within the CC-2 (Civic Center Main Street) zone, to establish outdoor dining areas in the public right-of-way. 

By: Mary Medrano, Associate Planner