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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
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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
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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.
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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
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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
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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
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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
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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?
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