Loading...
SR-REVISED 9-A v lf~v,iIG q.-.A- -~ JUL 2 3 1991 CDD:EDD:PC:DG:RS:pbh:dinstaf1.word.edd A~b " it.Qi o 1,J"j COUNCIL MEETING: July 23, 1991 Santa Monica, Ca lfornia TO: The Mayor and City Council FROM: City staff SUBJECT: Recommendation to Approve Ocean Avenue and Third street Promenade Outdoor Dining Guidelines INTRODUCTION Ocean Avenue and Third street Promenade Outdoor Dining Guidelines outline the procedures and standards for establishing outdoor dining areas which extend into public right-of-way on Ocean Avenue and Third street Promenade. with input from the Architectural Review Board, Bays ide District corporation, and City staff representing pertinent city departments, the Guidelines identify eligible uses, eligible sites, design standards, operational standards, enforcement and application procedures with which all applicants for easement and license agreements must comply. This report documents the development of the Standards, summarizes their contents, and recommends their approval by the City Council. BACKGROUND Ocean Avenue In January of 1990, the City Council directed staff to develop guidelines for future Ocean Avenue outdoor dining. The Council was particularly concerned about sidewalk space, the vertical separation of dining area to sidewalk, and visual barriers which might be created. Council also asked staff to obtain Architectural Review Board input and approval before presenting ~..tI, ic 0 9-~ - 1 - AUG 6 1991 J U L ?:i Ff~l ..w ~ 10..- the guidelines to City council. The Architectural Review Board approved the Ocean Avenue Outdoor Dining Guidelines on December 3, 1990. An Information Item with the guidelines was submitted to Council on February 4, 1991 requesting input on their content. Third street Promenade On May 14, 1985, the City council adopted a set of outdoor dining guidelines for the Third street Promenade which addressed general design and operational standards. The Council also authorized the Community Development Director to administer these standards and the City Manager to negotiate and execute outdoor dining license agreements. since the completion of the improvements to the Third street Promenade and the opening of several new eating and drinking establishments on the Promenade, the City has been faced with a significant number of applications for an outdoor dining license. In light of this, a working group of council members, an Architectural Review Board member, City staff, Bayside District Corporation staff, and the Bayside District Restaurant Association have met to develop a set of revised standards more in keeping with the increased activity levels on the Promenade. DISCUSSION The purpose of the Ocean Avenue and Third street Promenade Outdoor Dining Guidelines are to regulate the development of outdoor dining patios along the Ocean Avenue and Third street Promenade sidewalk. Since passage of Resolution 7395 on March 24, 1987, which intended to encourage outdoor dining venues on the Third street Promenade, and since completion of improvements - 2 - to the Promenade, the city has experienced a dramatic increase in requests for licenses on the Promenade. While such a dramatic response is not expected on Ocean Avenue, the process of responding to inquiries about outdoor dining would be facilitated by a set of pre-established guidelines. In addition, explicit guidelines would facilitate the processing of applications through administrative procedures. Based upon the Planning Commission's pending discussion in regards to developing an alcohol policy statement, these guidelines will be forwarded to the Commission for discussion at their July 24, 1991 meeting. Should the Planning Commission recommend any additional changes or wording to the guidelines, such comments will be returned to the Council for consideration. Once the Ocean Avenue and new Third street Promenade Outdoor Dining Guidelines are approved, staff recommends the development of guidelines for city-wide outdoor dining requests which propose to use public right-Of-way. Recently, restaurant owners on streets other than Ocean Avenue and the Third street Promenade have expressed interest in creating outdoor dining areas adjacent to their property but in public right-Of-way. A comprehensive City-wide policy would assist staff in responding to all requests that come forward. staff proposes to draft these guidelines, present them to the ARB for approval and return with them to the City council for adoption. - 3 - . s~mmary of Guidelines Ocean Avenue Applicants with restaurant sites on Ocean Avenue between pico Boulevard and the California Incline would be eligible for a license agreement. Outdoor patios could not extend more than twelve (12) feet into the right-of-way, and under all circumstances eight (8) feet of completely unobstructed sidewalk space would be required. The outdoor dining area will only be permitted at the sidewalk level. An opaque barrier fronting the patio can be no higher than three feet, six inches (3'61t) from the sidewalk level and up to an additional two feet (2 I ) will be allowed to provide a windscreen for buildings between Colorado Boulevard and California Avenue only. The maximum height of both opaque barrier and windscreen is five feet six inches (5'6") . Awnings are limited to 50% of the outdoor area, although umbrellas are permitted. A barrier would not be required if the restaurant limits outdoor dining to one row of tables and chairs, and if alcohol is not served. All restaurants using disposable utensils must comply with the recycling program of the General Services Department. Third street Promenade Applicants with restaurant sites in the Bayside District (Broadway to Wilshire and Second to Fourth) would be eligible for a license agreement. An obstruction free, clear sidewalk area for pedestrian traffic passing through the Promenade is required. Outdoor seating areas shall be confined to a zone that is no greater than 12 feet from the building line on each block; no - 4 - greater than 8 feet from the buildng line in front of the Gateway Islands; and no greater than 4' 6" from the Pavilion Islands, and Central Plaza Islands. Dining areas shall not be permitted within 20 feet of the curb line at both ends of each block. Dining areas shall not be permitted in areas where less than an 8 foot obstruction free pedestrian area exists between outside the cafe area and any obstructions such as street, trees, newstands, bus benches, or the curb line. The Third street Promenade Outdoor Dining Standards are broken down into three primary areas: Design standards, Standards of Operation, and Enforcement. In particular, and as it relates to recent concerns over alcohol consumption in the outdoor dining area, it is stated that: 1) All establishments serving alcohol shall participate in a designated driver program and maintain a working relationship with a taxi service for the safety of their customers. It is mandatory that the establishment serving alcohol in the outdoor dining area send its food servers and bartenders to a minimum of one class per year, organized by the Bayside District Restaurant Association and offered by one of the following agencies: alcohol Beverage Control Board (alcohol training), the California Highway Patrol (designated driver program), or the Santa Monica Police Department. 2) The latest hour for serving alcoholic beverages in the outdoor dining area is 11:00 p.m. (food service may continue), or no later than the closing of the associated food service of the establishment, whichever is first. 3) Outdoor dining areas shall be continuously supervised by management or employees of the establishment. Food establishments serving alcoholic beverages must have a supervisor on site at all times. Behavior that disturbs customers or passersby on the Promenade will not be tolerated and constitutes a violation of the standards. An added section to the standards relates to enforcement and measures to be taken by the city should violation of the - 5 - ~ standards take place. It will be required that immediate abatement of a violation take place by the operator, and three (3) violations within 1 year will constitute a basis for immediate closure of the premises and revocation of the outdoor dining license. Application Procedure The Economic Development Division would have the primary monitoring role of applications for outdoor dining agreements on Ocean Avenue and Third street Promenade. Initial contact would be made with Economic Development staff and with the Bayside District Corporation on the Third street Promenade who will first provide the applicant with a set of Outdoor Dining standards and then guide the applicant through the approval process. In addition to the application form, three copies of dining plans must be submitted showing a detailed site and elevation plan, exact space dimensions and number of customer seats, pedestrian circulation pattern, relationship of dining area to adjacent buildings, streets and sidewalk obstacles, and design scheme and colors. Economic Development and Bayside District Corporation staff will review the plans for conformance to the Standards. As a construction project, the applicant must also obtain necessary permits and approvals from the City'S Land Use and Transportation Management Department, from the Architectural Review Board, from the Fire Department, from the General Services Department, from the California Coastal Commission, as well as from the Alcohol and Beverage Control Board if alcoholic beverages will be served. When all pertinent City departments and agencies (Bayside District Corporation) have reviewed and approved the outdoor - 6 - dining plans and design, and staff has determined that outdoor dining plans and design are in conformance with the standards, the City Manager would be authorized to negotiate and execute a license agreement between the City and the applicant through an administrative process. The agreements would set out the rental amount, term of contract, insurance and other contractual issues. BUDGETARY/FISCAL IMPACT Adoption of these guidelines has no financial impact. RECOMMENDATION Staff respectfully recommends that city council: 1. Approve the Ocean Avenue Outdoor Dining Guidelines and authorize the City Manager to negotiate and execute license agreement with restaurant operators applying for outdoor dining on Ocean Avenue consistent with the guidelines; 2. Approve Third street Promenade Outdoor Dining Guidelines and authorize the City Manager to negotiate and execute license agreements with restaurant operators applying for outdoor dining on Ocean Avenue consistent with the guidelines; 3. Direct staff to develop citywide Outdoor Dining Guidelines for ARB approval, Planning Commission, and City council consideration at a future meeting. Prepared By: Peggy Curran, Director Community Development Department Darrell George, Economic Development Manager Economic Development Division Ruta Skirius, Senior Administrative Analyst Economic Development Division Paul Berlant, Director Land Use and Transporation Management Department Attachment: Ocean Avenue Outdoor Dining Guidelines Third street Promenade Outdoor Dining Guidelines - 7 - ." IJIII h 9"'4- AUG Po 1991 Aug. 2, 1991 (C1ty Manager for d1strlbutlon to the Mayor, Mayor Pro-tern and CouncIl) Re: Outdoor Dln1ng on the 3rd. St. Promenade In our opInIon and that of dozens of people we have spoken to, 1t ,,,,ould be a shame for the CIty to renege on permIts granted to the Promenade busInesses. They staked theIr future on the outdoor dInIng concept WhICh we fInd charm1ng. Two days a week 1t IS almost ImpossIble to walk through the ArIzona and 2nd. Street area. The C1ty supports the Farmer' Market so why not lend the same support to the bUSInesses who have Invested 1n the Promenade? Some of you have to be old enough to remember the bIrth and death of the Mall. StrIppIng amenItIes offered currently and Included In theIr advertIsIng, could make hIstory repeat 1 tsel f. Wouldn't that be a shame for Santa MonIca? ~~~r G,,,,en Schwenge 1 1339 Ocean Front Santa MonIca, CA. 90401 P.S. If obstructIon of traffIc IS your concern, \,oJhy ,,,,ere the ,. dragon areas'l made so bIg? (fJ/; c{r4~-~~ (y r1'?tJ ~ ----- T (/ /' fi~ &""'....- <.1/ ~ ~~! /I~" ~ ~A- AUG ~ 19m