Chapter 21.10 COMMERCIAL AND MANUFACTURING ZONING DISTRICTS

Outdoor Dining, Display and Sales. This section provides development and operational standards for the establishment of outdoor uses, including temporary outdoor display and sales (subsection (a)(1) of this section), permanent outdoor display and sales (subsection (a)(2) of this section) and outdoor dining and seating areas (subsection (a)(3) of this section), which shall be subject to the following criteria and standards:

Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales are allowed subject to the approval of a temporary use permit, in compliance with Chapter 21.48 of this title and the following standards:

Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed three days for a temporary event, and not to exceed a total of eighteen days per calendar year;

Regulation of nuisance factors (e.g., prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration);

Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection (a)(1) of this section;

Provision for adequate temporary parking facilities, vehicular and pedestrian circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 21.22 (Parking and Loading) of this title;

Submission of a performance bond or other surety measures, satisfactory to the planning director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event, the property would be cleaned of debris, litter or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition (or better if deemed appropriate by the planning director), and shall continue to be used in compliance with this title;

Provision for sanitary facilities, as deemed appropriate by the planning director;

Provision for security and safety measures, if applicable and as deemed appropriate by the planning director;

Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians;

Signs shall be provided in compliance with Chapter 21.24 (Signs) of this title;

Regulation of temporary structures and facilities, including location, height and size, location of equipment and open spaces, including buffer areas and other yards;

(K)

Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;

(L)

Other conditions that would ensure the operation of the proposed temporary event in an orderly and efficient manner.

Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed only on private property subject to the approval of a conditional use permit and the following standards:

Areas in which alcoholic beverages would be served shall comply with the standards established by the State Department of Alcoholic Beverage Control;

Outdoor dining and seating areas shall comply with the following parking requirements:

Except as explicitly stated, parking requirements shall be calculated in compliance with Chapter 21.22 (Parking and Loading) of this title,

Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional parking for those common outdoor areas;

Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner. Outdoor dining areas shall:

Be cleaned on a continual basis for removal of litter and food items which would constitute a nuisance to the public health, safety and general welfare of the patrons and the community,

Contain waste receptacles for use by the public and/or restaurant employees;

To ensure compatibility with surrounding uses and a high standard of quality, the following standards shall apply:

Associated structural elements, awnings, covers, furniture, umbrellas or other physical elements that are visible from public rights-of-way, shall be compatible with the character of the main structure(s),

The relation of the outdoor facilities to churches, hospitals, public schools and residential uses shall be considered by the commission. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise,

Outdoor facilities that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measure, including limited hours of operation,

Outdoor facilities shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing vehicular or pedestrian movement areas. Facilities shall comply with ADA requirements,

Outdoor facilities shall be separated from residential uses by a minimum distance of two hundred feet, except on site within MU-1 or MU-2 zones;

The use of awnings, plants, umbrellas and similar elements is encouraged to enhance the pedestrian experience;

Waste receptacles shall be provided in outside seating areas, where and when deemed appropriate by the planning director;

Within MU-1 and MU-2 zones, dining within public sidewalks is permitted provided a minimum five-foot-wide path of travel is maintained. Low removable fencing may be utilized if necessary to permit alcohol sales within such areas.

Emergency Shelters. This subsection provides standards for permanent emergency shelter facilities to provide temporary housing for the homeless.

A single emergency shelter for thirty occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty occupants, shall be allowed as a permitted use in the C-2 zone, consistent with Section 65583(4)(A) of the California Government Code. Emergency shelters up to thirty occupants are permitted in the C-2 zone by right.

Shelters exceeding thirty occupants are permitted subject to the approval of a CUP.

Stays at the facility shall be on a first-come first-served basis with clients only on-site and admitted to the facility between five p.m. to eight a.m. Clients must vacate the facility by eight a.m. and have no guaranteed bed for the next night.

Maximum stay at the facility shall not exceed one hundred twenty days in a three hundred sixty-five-day period.

Facility location shall be within a half mile from an OCTA bus stop, as measured from the property line.

A minimum of five hundred feet shall be maintained from any other emergency shelter, as measured from the property line.

(6)

A minimum of one staff member per fifteen beds shall be awake and on duty when the facility is open.

(7)

Bike rack parking shall be provided by the facility.

(8)

Exterior lighting shall be provided for the entire outdoor area of the site in compliance with Section 21.18.060.

(9)

A waiting area shall be provided which contains a minimum of ten square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be screened from public view by a minimum six-foot tall visually screening mature landscaping or a minimum six-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.

(10)

Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum six-foot tall visually screening mature landscaping or a minimum six-foot tall decorative masonry wall.

(11)

All facility improvements shall comply with the Fountain Valley Municipal Code and the most current adopted Building and Safety Code, specific to the establishment of dormitories.

(12)

A trash enclosure shall be provided on-site per the requirements of Section 21.18.100.

(13)

An operational plan shall be provided for the review and approval of the planning and building director. Plans may be required to address additional specific needs as identified by the director. The approved operational plan shall remain active throughout the life of the facility. At a minimum, said plan shall contain provisions addressing the topical areas outlined below:

Sleeping areas addressing the separation of male/female sleeping areas as well as any family areas within the facility;

Loitering control with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on site;

Management of outdoor areas, including a system for daily admittance and discharge procedures, and monitoring of waiting areas with goals to minimize disruption to nearby land uses;

Staff training with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;

Alcohol and illegal drugs addressing how the operator will control and regulate drug and alcohol use by clients on the premises;

Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public;

Screening of clients for admittance eligibility with objectives to provide first service to city of Fountain Valley residents;

Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city;

Litter control with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility;

The operator shall provide the city with the most current contact information for the operator of the facility during the normal daytime office business hours, and the nighttime contact information for the person on duty when the emergency shelter is operating.

(14)

The facility may provide the following services in designated areas separate from sleeping areas:

A recreation area either inside or outside the shelter;

A counseling center for job placement, education, health care, legal, or mental health services;

Laundry facilities to serve the number of clients at the shelter;

Kitchen for the preparation of meals;

Dining hall;

Client storage area (i.e., for the overnight storage of bicycles and personal items);

Or similar services geared to homeless clients.

(15)

An emergency shelter shall provide off-street parking at a ratio of one space per four beds, and/or one-half space per bedroom designed as a family unit with children, plus one per staff member.

(16)

Floor area ratio, maximum building height, minimum lot size, maximum lot coverage, setbacks, signs, and landscaping shall comply with Section 21.10.040 Table 2-7.

Single-Room Occupancy Housing. This subsection provides development and operational standards for the establishment of single-room occupancy housing (SRO).

Conditional Use Permit. Single-room occupancy housing shall be allowed by conditional use permit in compliance with Chapter 21.36 (Conditional Use Permits) subject to the provisions of the applicable zoning district, and the regulations of this subsection.

Management Plan. Each SRO project shall submit a management plan to the department as part of the conditional use permit application. This plan shall contain information regarding the development's projected staffing needs, facility management and operations, emergency procedures, security, rental procedures, and proposed rental rates.

Revocations and Modifications of Conditional Use Permit. The city may revoke or modify the permit in compliance with Chapter 21.62 (Revocations and Modifications).

Management Requirements.

Resident Manager. Each SRO project containing sixteen or more units shall have a resident manager available on a twenty-four hour basis.

Annual Report. Each SRO development owner shall file an annual report with the department. This report shall include the range of monthly rents, the monthly income of the residents, occupancy rates, and the number of vehicles owned by the residents.

Tenant Occupancy and Income Restrictions.

Length of Tenancy. Rental units shall be established for weekly and monthly tenancies only. Deposit requirements shall be specified for each type of tenancy. Less than monthly stay pays transient occupancy tax in accordance to Chapter 3.08.

Tenant Income Restrictions. SRO developments shall be restricted to low and very low-income individuals as defined by the general plan housing element. This restriction shall not apply to an SRO project's twenty-four hour resident manager.

Standards. The commission shall use the following standards and criteria when determining the appropriateness of granting the conditional use permit:

Compliance with Codes. Single-room occupancy housing (SRO) projects shall comply with the most recent city building and housing codes.

Room Size Requirements. Individual dwelling units within an SRO development shall have:

Single Occupancy Rooms. Single occupancy room size of no less than one hundred fifty square feet and no greater than two hundred twenty square feet;

Double Occupancy Rooms. Double occupancy room size of no less than two hundred seventy-five square feet and no greater than four hundred fifty square feet;

Allowable Percentage of Double Occupancy Rooms. Double occupancy rooms shall not make up more than ten percent of any SRO project.

Access Requirements.

Each development shall comply with federal, state, and local disabled person access requirements.

One disabled person accessible unit shall be required for each twenty rooms. The unit shall comply with all applicable disabled person access requirements.

Kitchens. Each SRO unit shall contain a kitchen. Kitchens shall be required to contain a sink with garbage disposal, a countertop (sixteen inches by twenty-four inches minimum), refrigerator, and stove or microwave oven. If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area accessible to the entire SRO project.

Bathrooms. Each SRO unit shall contain a bathroom. Bathrooms shall be required to contain a sink, toilet, and shower or bathtub.

Closets. Each SRO unit shall contain a closet/storage space no less than forty-eight cubic feet in size.

Common Open Space Requirements.

For SRO developments containing thirty or fewer units, a minimum of four hundred square feet of common open space shall be provided.

For SRO developments containing thirty-one or more units, four hundred square feet of common open space shall be provided, with an additional fifteen square feet required per each additional unit over thirty.

Monitored Entrances. Each SRO project shall locate a single, controlled entrance to the project adjacent to and in full view of the manager's desk.

§ 21.10.060 Standards for small format restaurants including those providing on-premises beer and wine sales.

Mailboxes. A mailbox shall be provided for each SRO unit.

(K)

Bicycle Parking. Each SRO project shall provide a secured bicycle parking area. This area shall be able to accommodate one bicycle for every three units.

(L)

Storage Spaces. Each SRO project shall provide each unit with a lockable storage space not less than ten cubic feet in size within the development.

(M)

Laundry Facilities. Each SRO project shall provide laundry facilities in a separate room or rooms located in close proximity to the units served. A minimum of one washer and one dryer shall be provided for each ten units or fraction thereof.

(N)

Utility Closets. Each SRO project shall provide a supply storeroom and/or utility closet with at least one laundry tub with hot and cold water on every floor.

(O)

Trash Area. Each SRO project shall provide a centralized trash area compliant with Section 21.18.100.

(P)

Development Standards. Minimum lot size, setbacks, floor area ratio, maximum building height, landscaping, parking, and sign regulations shall comply with Section 21.10.040 Table 2-7.

(Ord. 1308 § 5, 2000; Ord. 1460 §§ 7, 8, 2011; Ord. 1561 § 4, 2020; Ord. 1574 § 4, 2021; Ord. 1582 § 5, 2022; Ord. 1584 § 4, 2022)

Purpose. It is the purpose of this section to:

Streamline the permitting process for small format restaurants including those providing on-premises beer and wine sales to benefit tenants, property managers, and the public.

Administratively permit small format restaurants including those proving on-premises beer and wine sales that have little or no negative impacts to the property or commercial center in which they are located or to nearby noise sensitive uses, including all residential uses.

Clearly establish standards for small format restaurants including those providing on-site premises beer and wine sales.

Clearly establish the parameters in which a permit for a Small Format Restaurant or restaurants providing on-premises beer and wine sales may be revoked.

Applicability. Except as noted in Section 21.10.060(c), all small format restaurants, as defined in Chapter 21.90, shall be subject to the following provisions:

Approval of a small format restaurant permit by the planning director or designee. The small format restaurant permit shall:

Establish hours of operation;

Establish operating standards that eliminate or minimize nuisance factors (e.g., noise, odors, smoke, waste disposal, loitering, property maintenance, outdoor storage, signage and banners);

Establish operating standards applicable to restaurants that propose to serve on-premise beer and wine;

Be reviewed by applicable city departments prior to issuance;

Be acknowledged and signed by the applicant and property owner/manager prior to issuance;

Be valid for the period of the business license and shall be renewed annually at the time of renewal of the business license;

Be able to be transferred upon closure of the business or change of ownership upon issuance of a new small format restaurant permit in conjunction with issuance of the business license; and

Not be valid until an on-site inspection has verified compliance with necessary physical improvements for a new small format restaurant. An on-site inspection may or may not be necessary upon renewal subject to the review and approval of the planning and building director.

Issuance of Business License.

The following small format restaurants shall require issuance of a conditional use permit per Chapter 21.36:

Restaurants with accessory entertainment;

Restaurants in the M1-Manufacturing Zone;

Restaurants with drive-thru facilities;

Restaurants with exterior amplified sound (e.g. music, ordering);

Restaurants proposing public operating hours between twelve a.m. and five a.m.;

(6)

Restaurant openings, such as windows or doors, within fifty feet of a residential property line and, in the opinion of the planning director, have the potential to result in negative impacts associated with noise, odors, public access, outdoor use, or involve an operator with a prior enforcement history;

(7)

Restaurants that have the potential for heavy parking demand subject to review by the planning director;

(8)

Except as noted in Section 21.10.060(e), restaurants serving alcohol;

(9)

Restaurants that, in the opinion of the planning director, have the potential for an impact resulting from issues such as noise, odors, public access, outdoor use, or involve an operator with a prior enforcement history.

(d)

Small Format Restaurant Standards. As applicable, the following standards shall apply to small format restaurants. At the discretion of the city, additional standards may be applied to address specific impacts arising from the nature and location of the proposed business subject to a conditional use permit.

Planning department standards for small format restaurants.

Public operating hours shall be limited to five a.m. to twelve a.m.

Hours of delivery shall be restricted to the hours of seven a.m. to ten p.m. Monday through Saturday, and no time on Sunday or legal holiday.

The number of persons inside the business shall not exceed the maximum occupancy load as determined by the fire department. If required by the fire department, signs indicating the occupant load shall be posted in a conspicuous place near the main entrance.

Signs for the business shall comply with the sign regulations of the Fountain Valley Sign Code and applicable shopping center sign program.

The windows of the business shall be free of any obstruction, tinting, or painting, except for window signage as permitted by the Fountain Valley Sign Code.

There shall be no trash dumping from the restaurant between the hours of ten p.m. and seven a.m., seven days a week.

To prevent scavenging, illegal dumping, and to contribute to the general cleanliness of the shopping center, the business shall provide a refuse containment area with a screened and securable gate if not already provided by the property owner. Also, if not already provided by the property owner, exterior signage shall be provided outside of the trash enclosure prohibiting the scavenging of any material from the trash dumpster. Any refuse containment area and signage shall be included in the applicant's plan check submittal to the building department and shall be installed prior to issuance of certificate of occupancy for the restaurant.

To maintain the cleanliness of the shopping center, the restaurant owner shall be responsible for maintaining the area adjacent to their premises, over which they have control, free of litter and graffiti.

The rear and/or side access door(s) (other than the main entrance) must remain closed twenty-four hours a day and shall only be used in cases of emergencies and deliveries.

The restaurant owner shall comply with Labor Code Section 6404.5 prohibiting smoking in restaurants and public places, such as eating establishments and shall install "No Smoking" signage per the provisions of this statute.

(K)

The establishment will not provide any video or arcade games.

Building department standards for small format restaurants.

Restaurant owner shall comply with California Building Code including requirements for California Disabled Access, Title 24, and grease interceptors.

Police department standards for small format restaurants.

There shall be no live entertainment within the facility.

Install, and maintain in working order, security cameras to provide visual coverage of the areas available to the public on the inside of the restaurant, as well as the parking area adjacent to the restaurant.

The restaurant owner acknowledges that Education Code Section 48200 et seq. provides that persons between the ages of six and eighteen are subject to compulsory education and are required to be in school unless exempted. Permittee agrees not to allow the business to become a "hang out" for truants and agrees not to allow youths to congregate or otherwise loiter in or around the business. Permittee shall take reasonable steps to control the conduct of others on this property so that it does not become a nuisance or otherwise disturb the peace and quiet of the neighborhood or peace, health and safety of the community.

An alarm system shall be installed and be of a type that sounds a signal when it is activated.

Fire department standards for small format restaurants.

Restaurant owner shall comply with California Fire Code requirements for Group "A" occupancies, automatic fire sprinklers, premises identification with address numbers, portable fire extinguishers, Knox box, commercial cooking systems, combustible materials, CO2 storage, public assembly permits, exits or exit access doorways, and panic and fire exit hardware.

Public works department standards for small format restaurants.

As required by the city engineer, install a reduced pressure principle device on the domestic water supply line to the buildings and install approved backflow devices for irrigation systems.

Pay a traffic impact fee per Section 21.26.070.

(e)

On-premises Beer and Wine Standards. The following standards, in addition to the standards for a small format restaurant in Section 21.10.060(d) above, shall apply to restaurants that are applying for an on-premises sale of beer and wine license from the California Department of Alcoholic Beverage Control (ABC), which authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.

Standards for small format restaurants with on-premises beer and wine sales;

Restaurant owner shall post signage in the restaurant stating, "No person under 21 will be served alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages."

Restaurant owner shall ensure all pertinent employees have obtained Licensee Education on Alcohol and Drugs (LEAD) Certificates and copies of such certificates shall be kept on-site and made available for inspection by a public official upon request.

Food shall be required to be served at all hours that the establishment is open for business.

The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period.

The sale of alcoholic beverages may not be advertised by signs directed toward persons outside of the building.

The operator will ensure that there will be no drinking and/or loitering in the parking lot or within one hundred feet of the establishment.

No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

All requirements of an on-premises beer and wine ABC license and of the City shall be observed at all times. The surrender, lapse, termination, suspension, or payment of a fine in lieu of suspension/termination, of the Alcoholic Beverage License issued for the site by the ABC shall be grounds for revocation of city approvals.

Revocations. If approval for beer and wine sales is revoked or modified per Sections 21.10.060(f) and 4.04.100, operator may continue to operate under the provisions of a small format restaurant subject to approval of a revised small format restaurant approval. Also, per Section 4.04.100, if a beer and wine sales permit is revoked, no other application for a permit to carry on a similar business by such a person shall be considered for a period of one year.

(f)

Revocation or Modification. A small format restaurant permit may be revoked or modified per Section 4.04.100 if any one of the following findings of fact can be made:

Circumstances under which the small format restaurant permit was granted have been changed by the applicant to a degree that the public convenience, health, interest, safety or welfare require the revocation or modification;

The small format restaurant permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;

One or more of the requirements of the small format restaurant permit have not been substantially fulfilled or have been violated;

The improvement/use authorized in compliance with the small format restaurant permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal governments; or

§ 21.10.070 Standards for permanent outdoor dining.

The improvement/use authorized in compliance with the small format restaurant permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

(g)

Unlawful to operate without approval. It is unlawful for any owner, operator, tenant, or other person in control of property within the city for which the standards set forth in this section apply, to operate a business or land use in a zone requiring a conditional use permit or small format restaurant permit without such a permit, or to fail to comply with each and every condition of that conditional use permit or small format restaurant permit.

(Ord. 1555 § 7, 2020)

Purpose. It is the purpose of this section to:

Streamline the permitting process for permanent outdoor dining to benefit tenants, property managers, and the public.

Administratively permit permanent outdoor dining including those providing on-premises beer and wine sales that have little or no negative impacts to the property or commercial center in which they are located or to nearby noise sensitive uses, including residential uses.

Clearly establish the parameters in which a permit for permanent outdoor dining may be approved and revoked.

Outdoor Dining Permit Required. No person may own, operate, or engage in permanent outdoor dining, as defined in Chapter 21.90, without having a current, valid city-issued outdoor dining permit.

Outdoor Dining Permit Application.

A person seeking to obtain an outdoor dining permit must:

Fully and truthfully complete the city-provided application form; and

Pay a non-refundable application fee; and

Obtain a city-issued business license.

(d)

Review and Approval.

An application for an outdoor dining permit will be reviewed be the director of planning and building who shall approve or deny the application in writing.

Findings. To approve an outdoor dining permit, the director of planning and building must make all the following findings:

Issuance of the outdoor dining permit would not be detrimental to the public convenience, health, interest, safety, or welfare.

The proposed use would be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan.

The proposed use complies with all applicable provisions of this section and this code.

Conditions of Approval.

In approving an outdoor dining permit, the director of planning and building may impose any of the following conditions:

Hours of operation.

Operating standards that eliminate or minimize nuisance factors (e.g., noise, odors, smoke, waste disposal, obstruction of circulation patterns, loitering, and property maintenance).

Procedures and standards applicable to restaurants that propose to serve beer and wine in conjunction with outdoor dining.

Any other condition deemed reasonable and necessary to:

Ensure compliance with the general purpose of this section and this code.

Protect the interests of the surrounding property or neighborhood.

Ensure protection of the city by requiring the applicant to agree to indemnify and defend the city, its officers, employees, and agents from liability arising out of the proposed use.

Acknowledgment. An applicant shall sign a written acknowledgment accepting the benefits of an outdoor dining permit and agrees to waive any later challenge to any conditions imposed.

(e)

Conditional Use Permit. The following outdoor dining applicants shall require issuance of a conditional use permit per Chapter 21.36 instead of an outdoor dining permit:

Outdoor dining with accessory entertainment, within two hundred feet of a residential zone, and within direct line of sight of residential property;

Outdoor dining with exterior amplified sound (e.g. music, ordering) and within two hundred feet of a residential zone;

Outdoor dining proposing operating hours between eleven p.m. and six a.m.;

Outdoor dining within fifty feet of a residential property line;

Outdoor dining that, in the opinion of the director of planning and building, has the potential for an impact resulting from issues such as noise, odors, public access, outdoor use, or involves an operator with a prior enforcement history.

(f)

Outdoor Dining Standards. As applicable, the following standards apply to permanent outdoor dining.

Development Standards.

General Development Standards. The following are applicable to all permanent outdoor dining uses:

Written consent for the permanent outdoor dining must be obtained from the property owner or property management company.

Parking requirements shall be calculated in compliance with Chapter 21.22 (Parking and Loading) of this title.

The minimum height of a divider or fencing shall be three feet; glass or fully transparent enclosures of up to six feet may be permitted by the director of planning and building in an outdoor dining permit.

Awnings, covers, furniture, umbrellas, shade structures, or other physical elements shall be compatible with the character of the main structure and regularly maintained in good working order. Faded and ripped fabric and materials shall be replaced.

Awnings, umbrellas, and similar covers must allow vertical clearance of seven feet above sidewalk level, and shall provide coverage of the dining area only and minimum two foot horizontal clearance for pedestrian walkways.

(vi)

Shade structures, umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistant material.

(vii)

Heating units are permitted if they are an outdoor approved type, are located in accordance with the manufacturer's recommendations, and are located at least two feet from the edge of public walkways and from any umbrella canvas, any foliage, or any other flammable object or material. Extra propane tanks shall not be stored outdoors.

(viii)

No heating, cooking or open flames are permitted in outdoor dining areas.

(ix)

Up to a four square foot menu board may be permanently attached to the outdoor dining barrier.

(x)

Outdoor dining areas shall be designed to maintain clear legal exits to the public way. A minimum of a forty-four inch wide exit path is required to be maintained from the building and from permanent outdoor dining areas. Permanent outdoor dining areas with an occupancy greater than fifty will require two exits.

(xi)

Movable furniture must be secured or moved inside at closing time.

(xii)

Security cameras shall be installed providing visual coverage of the outdoor dining areas and recordings shall be provided to the Police Department upon request.

Permitted Locations (General). Permanent outdoor dining may occur on private property within landscaped areas, parking lots, plazas, breezeways, and sidewalks.

Landscaped Areas. A portion of landscaped areas may be used for permanent outdoor dining as follows:

Outdoor dining may be located in any landscaped area that is not considered required per Chapter 21.20.

Outdoor dining may be located in up to ten percent of the total landscaping required per Chapter 21.20.

Outdoor dining must be located on a permanent pad of a minimum area of one hundred square feet. Pervious materials are encouraged.

If located in the perimeter landscaping along a public street, a minimum landscaped area of five feet shall be maintained between the edge of the dining area and the public sidewalk.

Outdoor dining may not be located within thirty feet of intersections and driveways and a safe line-of-sight must be provided in the location of outdoor dining.

Parking lots. A portion of the parking lot may be used for permanent outdoor dining as follows:

Outdoor dining must be located on permanent raised pads with curbs and a permanent barrier such as rails, landscaping, or a minimum five-foot separation between the dining area and vehicular areas.

Outdoor dining shall maintain required parking, vehicular circulation areas, and pedestrian circulation.

No parking for disabled persons or required paths of travel may be repurposed unless replaced and demarked elsewhere in the center and meeting the requirements of the California Building Code.

The twenty-foot fire lane shall not be obstructed at any time; however, the fire lanes can be relocated to an alternate path with approval of the fire department.

Parking dimensions and back ups as required per Section 21.22.070 Figure 3-2 must be observed.

(vi)

The outdoor dining area shall not interfere with the area required for clearance for vehicle overhangs and door swings.

(vii)

The city may require that a physical barrier be installed to enhance safety and ensure protection from vehicular traffic.

Private Sidewalks, Breezeways, and Plazas. Portions of sidewalks, breezeways, and plazas may be used for permanent outdoor dining as follows:

A restaurant may use the sidewalk or plaza adjacent to their business for exclusive permanent outdoor dining. The width of the dining area shall not exceed the width of the frontage of the subject business. The depth of the dining area shall depend upon the other required clearances described below. However, the property manager may approve alternative locations, lengths, and sizes of dining areas for individual tenants through the outdoor dining permit.

Dining areas shall allow for at least four feet unobstructed clearance for pedestrian circulation.

The pedestrian path shall be measured from the dining area boundary to the curb face and other obstruction (e.g. planters, utility boxes). No tables, or chairs, umbrellas, shade structures, or other fixtures shall be permitted within the pedestrian path.

Access to public utilities, building entrances/exits, ADA facilities, fire hydrants, fire hose connections for sprinkler systems shall not be obstructed by outdoor dining facilities.

Operational Standards.

All areas in and around the outdoor dining area must be cleaned (swept and mopped) daily at the close of the business day.

The hours of operation for all outdoor dining shall be limited to the hours of operation for the associated eating establishment. However, if within direct line of sight and within two hundred feet of a residential property line, outdoor activities that cause noise may be restricted to reasonable operating hours (e.g. between seven a.m. and after nine p.m.) as determined through a conditional use permit.

Unamplified musical instruments and amplified sounds are permitted in the outdoor dining area but shall be maintained at a volume so as to not violate the city's noise ordinance. Outdoor music and amplified sounds are not permitted after ten p.m.

Outdoor dining areas shall be operated in a manner that meets all requirements of the health department and all other applicable regulations, laws, ordinances, or standards.

The owner of the business with exclusive control of an outdoor dining area is responsible for proper operation of the outdoor dining area. The property owner/manager is responsible for the proper operation of common outdoor dining areas. Outdoor dining shall be continuously supervised by management or employees.

The party responsible for the outdoor dining area shall comply with Labor Code Section 6404.5 prohibiting smoking in restaurants and public places, such as eating establishments and shall install "No Smoking" signage in the outdoor dining areas.

Outdoor dining areas shall contain waste receptacles for use by patrons.

Alcohol Service. Restaurants with an approved liquor license and prior city approval may serve beer and wine within outdoor dining areas exclusively controlled by the restaurant under the following conditions:

Food establishments serving alcoholic beverages shall have a supervisor, at least twenty-one years of age, on-site at all times of operation.

Before serving alcoholic beverages outside, the restaurant shall obtain and comply with all necessary permits required by the state alcoholic beverage control department and the city.

A continuous permanent barrier shall be installed a minimum of three feet in height. A taller barrier per subsection (f)(1)(iii) of this section may be required through the issuance of the outdoor dining permit.

Employees supervising the outdoor dining area must obtain licensee education on alcohol and drugs (LEAD) certificates and copies of the certificates shall be retained on-site and available for inspection by a public official.

Signage shall be posted within the outdoor dining area stating, "No person under twenty-one will be served alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages."

Signs shall be posted at the exits stating, "No alcohol consumption beyond this point."

(g)

Duration. For those outdoor dining areas under the exclusive control of the restaurant, the outdoor dining permit shall be valid for the period of the business license and be renewed annually at the time of renewal of the business license. The director of planning and building may order an on-site inspection prior to approving a renewal.

(h)

Transferability. An outdoor dining permit runs with the land.

Revocation or Modification. An outdoor dining permit may be revoked or modified if any one of the following findings of fact can be made:

Circumstances under which the outdoor dining permit was granted have been changed by the applicant to a degree that the public convenience, health, interest, safety or welfare require the revocation or modification;

The outdoor dining permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;

One or more of the requirements of the outdoor dining permit have not been substantially fulfilled or have been violated;

The improvement/use authorized in compliance with the outdoor dining permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal governments; or

§ 21.10.080 Alternative hotel development standards.

The improvement/use authorized in compliance with the outdoor dining permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

(6)

The alcoholic beverage license has been surrendered, lapsed, terminated, suspended, or the applicant paid a fine in lieu of suspension/termination.

(j)

Violations. It is unlawful for any owner, operator, tenant, or other person in control of property within the city for which the standards set forth in this section apply, to operate a permanent outdoor dining business without an outdoor dining permit, or to fail to comply with each and every condition of that outdoor dining permit.

(Ord. 1574 § 6, 2021)

Purpose. It is the purpose of this section to:

Attract quality hotel development to the city of Fountain Valley.

Provide alternative standards to those required in Section 21.10.040 as a means of spurring quality hotel development.

Establish the design, amenities, and services that hotels are required to provide to use the alternative standards.

Applicability. The alternative standards in this section are applicable to new or renovated hotels that:

Are located in the allowable zones as provided in Section 21.10.030, commercial and manufacturing district land uses and permit requirements; and

Provide the level of design detail and quality, amenities, and service as required by subsection (c). Hotels that do not provide the design detail and quality, amenities, and services as required in subsection (c) shall not be eligible to utilize the alternative standards.

Hotel Quality Features. To use the alternative standards described in subsection (d), the hotel shall provide at least the designated minimum requirement for every feature described below:

Design Features. Hotels shall be designed with enhanced exterior façade treatments that eliminate a box-like appearance from all publicly viewable elevations and in addition, provide at least four design features from the following:

An upper story step-back of at least three feet.

A modulation in the building façade plane every fifty linear feet of at least one foot in depth and two feet in width.

A modulation of building height by at least five feet every eighty linear feet of the building façade plane.

On at least thirty percent of the ground level walls, application of materials such as brick, stone, wood (or equivalents) that provide rich details and diversity in the building design.

Variation in window treatments and design such that no more than forty percent of an elevation has identical windows.

Exterior details such as at least three changes in materials and colors on each façade or artistic façade treatments.

Architectural and design treatments that clearly accentuate the ground floor and entry from the rest of the structure by treatments such as canopies, awnings, arcades, or porte-cocheres.

If applicable, a parking structure that is concealed from public view or enhanced with exterior landscaping, graphics, or artistic screening.

Landscape Features. Hotels shall provide at least three features from the following:

Installation of mature trees at prominent locations, such as along entry main walkways, major streets, and outdoor dining areas.

High degree of landscaping that exceed city standards at the perimeter, courtyards, walkways, entryway, pool/court areas, parking areas, and other areas.

Incorporation of water features, public art, and unique touches into the exterior landscaping.

A prominent entry feature to the project featuring unique items such as fountains and public art.

Exterior lighting that accentuates the prominent features of the building and grounds.

On-Site Amenities and Services. Hotels shall provide at least five features from the following:

Pool.

Hot tub.

Poolside food and drink service.

Lounge chairs, cabanas, and umbrellas.

Meeting rooms.

Concierge and bell service.

Gym or fitness center.

Outdoor fire pit and eating/conversation areas.

Sports court(s).

Lap pool.

Shuttle service.

Unique Offerings. Hotels shall provide at least one feature from the following:

Retail coffee house and/or restaurant.

Event space.

Unique recreational amenities, such as a golf simulator.

Rooftop deck/garden.

Spa.

Professionally designed interior that incorporates the local character and features.

(d)

Alternative Hotel Development Standards. Hotels that provide the required hotel quality features described in subsection (c) may utilize the following alternative development standards:

Floor area ratio: one and one-half maximum.