SR-9-D (4)
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CDD:EDD:BS:DG:RS:ph.ccoutdin.word.edd Santa Monical California
Council Meeting March 241 1992
TO: The Mayor and city council
FROM: city staff
SUBJECT: Recommendation to Approve Ocean Avenue Outdoor Dining
Standards
INTRODUCTION
This report requests approval of the Ocean Avenue Outdoor Dining
Standards which have been presented to City Council previously in
1991 and rewritten incorporating requested changes. The
Standards have had input and approval from city staff In
pertinent departments, the Architectural Review Boardl and the
Planning Commission. Revisions substantively changing the
document from previous versions are highlighted in this report
and issues remaining for decision are presented.
BACKGROUND
In January of 1990, City Council directed staff to develop
guidelines for future Ocean Avenue outdoor Dining appllcants. At
that time, Council was concerned about reserving sufficient
sidewalk space for pedestrians, about the type and height of
vertical separation between outdoor dlning area and sldewalk, and
about obtaining input and approvals from the Architectural ReVlew
Board (ARB) and Planning Commission before returnlng to the Clty
Council. ARB approved the Standards on December 3 I 1990 and the
Planning Commission approved the Standards in concept on July 311
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1991. Comments and recommendations from both Boards were
referred to city council for the~r consideration and are included
in this report.
Based on numerous follow-up discussions with city staff, ARB
members, and councilmembers, the Ocean Avenue Outdoor Dining
standards were revised as follows:
1. Outdoor patios could extend up to twelve (12) feet into
the public right-of-way if there are no sidewalk
obstructions. Under all circumstances, eight (8) feet
of completely unobstructed sidewalk space would be
required. This would allow two couples to walk together
or pass each other freely.
2. The solid, opaque portion of the barrier would be no
higher than 3'6". A windscreen of glass would be
permitted above the opaque barrier of two (2) feet. If
a glass windscreen is used, awnings could only extend
over 50% of the depth of outdoor dining area ~n order to
avoid the effect of an enclosed room.
3. If the outdoor dining area exceeds seven (7) feet in
depth, awnings would be permitted over 50% of the area,
to avoid the "enclosed roomlt effect. If the outdoor
dining area is seven (7) feet or less ln depth, an
awning over the entire area would be permitted if a
windscreen is not attached.
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4. The operational standards for new outdoor dining areas
shall include requirements for a designated driver
program modeled on the Third street Promenade's outdoor
dining program. Outdoor dining areas which operate
under easement agreements shall abide by the terms and
conditions of their conditional use permits.
5. Compliance of the Standards shall be enforced by the
Police or by the Economic Development Division staff.
Notice of non-compliance shall be made in writing with
three violations in one year constituting cause for
closure of the outdoor dining area and revocation of
license agreements.
The Council had also recommended that only semi-permanent barrier
constructions at sidewalk level, and 30-day license agreements,
be permitted in order to reserve the City'S right to retake the
public space if needed. However, in their meetings, Planning
Commissioners and ARB Board members debated whether unmitlgated
ocean breezes, vehicular noise and fumes, the viability of
handicapped access, and an interest in "quality" warranted
permanent constructions, perhaps raised off the sidewalk in some
circumstances. council members and ARB members have proposed an
increased rental rate for outdoor dining operators with permanent
barrier construction. These issues shall be discussed in the
next section. One Planning Comissioner recommended changing the
term Guidelines to Standards, which has been incorporated in the
revised standards.
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DISCUSSION
Economic Development Division staff have considered the various
recommendations from Planning Commissioners, ARB members, and
Council and recommend the following:
1. As written in these standards, outdoor dining barriers
on Ocean Avenue would be semi-permanent constructions ~f
the exterior area is level with, and an extension of,
the interior space. Permanent constructions would be
permitted if the grade levels are uneven. This would
abide by the general philosophy that outdoor dining
areas would generally be as "pedestrian-friendly" as
allowable by the slope of the grade fronting the dining
area. The current restaurants at Paseo del Mar, Fennel,
and Belle-Vue would have semi-permanent barrier
constructions if reviewed today. New constructions and
restaurants with long frontage would more likely
confront a change in slope and require permanent
construction to enable an outdoor dining area on public
right-of-way.
2. Agreements shall be either licenses for semi-permanent
barrier construction, or easements for permanent
construction. Easement agreements reflect the reality
of permanent barrier constructions and restaurant
operators interest in securing a return on their greater
financial investment in construction.
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3. Monthly rental rates shall reflect the degree of
permanence, with rates beginn1ng at $1. 50 per square
foot for license agreements and $2.00 per square foot
for easement agreements, and annual Consumer Price Index
(CPI) adjustments.
city Council had requested a report on the status of outdoor
dining agreements that have been 1ssued to date. The two
restaurants at the Paseo del Mar corner - the Rigatta and Ivy at
the Shore - have easement agreements expir1ng in October 2003.
The new Fennel Restaurant building owner retains an easement
agreement which will expire in November 2003. I Cugini
Restaurant's easement agreement will expire in June 2020. The
Bell-Vue Restaurant is out of business and prospect1ve buyers
have 1nquired about the new Standards. Ocean Avenue Seafood
Restaurant does not currently extend into publ1c right-of-\vay,
but is awaiting approval of the new Standards to begin remodeling
their outdoor area. The status report is attached herewith.
BUDGETARY IMPACT
Adoption of these Standards has no budgetary impact.
RECOMMENDATION
Staff respectfully recommends that city Counc1l approve the Ocean
Avenue Outdoor Dining standards and author1ze the city Manager to
negotiate and execute easement and license agreements w1th
restaurant operators applying for outdoor dining on Ocean Avenue
consistent with the Standards.
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Prepared by: Darrell J. George, Manager
Economic Development Division
Ruta Skirius, senior Adminlstrative Analyst
Economic Development Division
Attachments: Ocean Avenue Dining standards
status Report on Dining Agreements
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OCEAN AVENUE
OUTDOOR DINING STANDARDS
PURPOSE
The purpose of this document is to establish standards for
outdoor dining on Ocean Avenue to accommodate pedestrian
circulation and meet applicable code requirements as well as
create well-designed and attractive outdoor dining areas.
These guidelines should not be construed as all governmental
agency requirements for starting a new business, or for expanding
an existing business to provide new services. The business owner
must secure the appropriate approvals, licenses and permits from
the Alcoholic Beverage Control Board, Land Use and Transportation
Management Department, the Finance Department (Business License),
and any other appropriate authority independent of the Outdoor
Dining Application process.
NOTE: Installation or construction of outdoor dining enclosures
cannot begin until the "outdoor Dining Agreementlt is signed by
the City Manager.
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ELIGIBLE USES
1. Restaurant establishments located on Ocean Avenue which
provide full menu food services, take out food service, and
specialty food service (e.g. , cookies, ice cream) are
eligible.
2. Temporary, mobile or freestanding food service providers or
vendors are not eligible.
3. Establishments that serve alcoholic beverages in the1.r
outdoor dining area are required to meet the additional
specific standards outlined in this document for alcohol
service as well as all other applicable state and local
requirements.
4. Outdoor Dining areas must be designated for combined food and
beverage service. Food must be purchased in order to be
served alcohol. All restaurants are required to post
appropriate signage or print on the menu: "Food purchase 1.5
required in all outdoor din1.ng areas. Alcohol may not be
served without food".
ELIGIBLE SITES
1. The area covered by these standards is restricted to the east
side of Ocean Avenue between Colorado Avenue and California
Avenue. (See Illustration A.)
2 . The total use for dining, landscaping, wall, etc. , shall be
no greater than twelve (12) feet from the building line, and
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an obstruction free pedestrian area of a minimum of eight (8)
feet must be provided between the exterior of the dining
structure and landscaping, and any obstructions such as
street trees, newsstands, bus benches, or curb. (See
Illustration B.) Dining areas shall not be permitted within
15 feet of the curb line at both ends of each block.
3. The layout of outdoor dining areas must be in conformance
with Illustration C as appllcable to maintain a clear
passageway and/or emergency exit.
4. The elevation of the outdoor dining area shall not be higher
than sidewalk level if there is no grade change between the
indoor dining area and proposed outdoor dining area. In this
case, only semi-permanent barriers and license agreements
will be permitted. OtherWlse, the elevation of outdoor
dining may be adjusted such that the difference in floor
level from the outdoor dining area to the outside sidewalk
shall be within 12". In no case shall the vertlcal distance
as measured from the sidewalk to the outdoor dining area
exceed 1'6". Where there is a level change between the
proposed outdoor dining area and the sidewalk an easement
agreement and permanent construction will be permitted.
5. All outdoor dining areas shall be fully accessible to the
physically handicapped, as required by Title 24.
6. Establishments which serve alcoholic beverages are required
to provide a physical barrier that meets the requirements of
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this document and those of the Alcoholic Beverage Control
Board. Refer to Illustration D.
7. The dining area should promote a visual relationship to Ocean
Avenue as determined by the City of Santa Monica's community
Development Department.
DESIGN STANDARDS
1. New outdoor dining areas are to be designated by permanent or
semi-permanent barriers. Semi-permanent barrier construction
must conform to the General Services Department installation
standards and be removable, as by use of recessed sleeves and
posts or by wheels which can be locked into place. (See
Illustration B. ) Barriers utilizing any type of stretched
canvas material must be strung through eye hooks.
NOTE: Any modification to public surfaces, such as borings
for recessed sleeves or post holes, must be approved by the
Director of the General Services Department.
2. Permanent construction designs require building permits
consistent with the Uniform Building Code.
3. All barriers must be able to wlthstand inclement outdoor
weather, and 100 pounds per lineal foot of horizontal force
at the top of the barricade when in their fixed positions
4. The maximum height of an opaque barrier shall be three feet
six inches (3'6") from the sidewalk level. Windscreen
attachments to the opaque barrier shall be transparent and no
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more than two feet (2' ) ~n height. The combined height of
opaque barrier and windscreen shall not exceed five feet six
inches (5'6n) . (See Illustration F for example.)
5. No barrier is required if the food provider limits outdoor
tables and chairs to one row abutting the wall of the
establishment and no alcohol is served or consumed. For the
sight impaired, either potted plants (four to five feet in
height) situated at each far corner of the outdoor dining
area, or a cOlor/texture inset in the cement along the border
of the dining area is required. The rent for outdoor d~n~ng
in this configuration shall be based on a six (6 ) foot depth
and the width of the building, less entrance walkway.
6. The use of removable umbrellas in sidewalk cafe areas is
encouraged provided that they maintain at least seven (7)
feet of clearance above the floor level. If awnings are
used, they must maintain at least eight (8) feet and no more
than fifteen (15) feet of clearance above the floor level.
If the outdoor dining area is seven (7) feet or less from the
building, an awning may extend over the entire area. If the
outdoor dining area extends out more than seven (7) feet from
the building, the awning shall not exceed 50% of the depth of
the area. For the exposed area, umbrellas may be utilized.
(For examples of these options, see Illustration G. ) An
awnings maintenance program shall be submltted to the ARB as
part of the materials submitted with the outdoor dining
application.
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7. Lighting shall be incorporated into the facade of the
building, and shall complement the style of the building.
Lights on buildings shall not be glaring to pedestrians on
the sidewalk. (A minimum of 5 footcandles on the sidewalk
shall be provided. ) Table lamps or candles are encouraged.
Wired electrical fixtures will be allowed outside the face of
the building if contained within the permanent barrier. An
applicant must obtain an electrical permit for a lighting
plan from the Building and Safety Division.
8. The design materials and colors used for chairs, tables,
lighting and other fixtures including umbrellas and awnings
shall be generally consistent both with the architectural
style and colors used on the building facade. The desJ.gn
must be approved by the Architectural Review Board (ARB) if
appropriate, and the Community Development Department. The
ARB strongly discourages the use of scallops and stripes in
the design of awnings.
9. No signs are permitted J.n the outdoor dining area with the
exception of an identification or menu sign. The sign must
be approved by the Architectural Review Board (ARB) and the
community Development Department in accordance with the
standards of this document. Product names may not appear on
awnings or umbrellas.
10. Landscape architecture and landscape maintenance program
shall be submitted with the outdoor dining application.
Water drainage onto Ocean Avenue shall not be allowed and
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stressed or dying plants must be replaced. Potted plants
must have a saucer or other suitable system to retain seepage
and be elevated to allow for air flow of at least 2" (two
inches) between saucer and sidewalk.
11- All Fire Department regulations and standards concerning
exterior lighting and power must be met. These regulations
and standards will be supplied at the time of application.
OPERATIONAL STANDARDS
1. Restaurant management is responsible for running and
operating the outdoor dining area.
2. Outdoor dining patios are for sit-down food and beverage
service only; no stand up service is permitted.
3. When the establishment's kitchen closes, further seating in
the outdoor dining area is prohibited. The outdoor dining
area must close when those patrons already seated in the
outdoor area leave.
4. Unruly behavior is not permitted ln the outdoor dining area.
5. All establishments serving alcohol shall participate ln a
designated driver program and maintain a working relationship
with a taxi service for the safety of thelr customers.
Establishments are encouraged to provide speclals on
non-alcoholic beverages to designated drivers. It is
mandatory that the establishment serving alcohol lTI the
outdoor dining area send its food servers and bartenders to a
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minimum of one class per year organlzed by any authorized
association such as: Alcohol Beverage Control Board (alcohol
training), the California Highway Patrol (designated driver
program) , or the Santa Monica Police Department.
6. Outdoor dining areas, including flooring, must remain clear
of litter, food scraps, and soiled dishes at all times.
Where eating establishments provide self-service or take-out
service, they must maintain an adequate number of employees
to clear refuse or litter on a regular basls even though
table service is not provided. Flooring must be cleaned
daily. Trash receptacles must be provided in the building
and trash service must be arranged with the General Services
Department of the City.
7. At the end of the business day establishments are required to
clean (sweep and mop) the area in and around the outdoor
dining area.
8. If disposable utensils are used, the restaurant must comply
with all applicable recycling programs of the General
Services Department.
9. The maximum hours of operation of an outdoor eating area may
be established by the city and may be less than, but shall
not exceed the hours of operation of the associated food
service establishment.
10. Outdoor dining areas shall be continuously supervised by
employees of the establishment. Food establishments servlng
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alcoholic beverages must have a supervisor on site at all
times.
11. All plans and permits for the outdoor dining area approved by
the City must be kept on the premises for inspection at all
times the establishment is open for business.
12. Any modification to the approved plans must be approved by
the Community Development Department prior to the
implementation of any modification.
13. Outdoor dining areas shall meet all requirements of the
Health Department of the Los Angeles County and any other
applicable regulations.
14. Musical instruments or sound reproduction systems are
permitted ln outdoor eating areas, but shall be maintained
sufficiently low volumes so as not to intrude on neighboring
businesses or exceed limits imposed by the Clty's Noise
Ordinance. Sound systems may not be used for any advertising
or solicitation purpose for the restaurant or any product or
service.
15. All provisions of the Agreements must be complied with at all
times.
ENFORCEMENT
1. Notice of violation of the design standards shall be made in
writing to the Licensee by the Santa Monica Police or by the
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Economic Development staff. The Licensee will have 10 days
to cure such default, or quit.
2. Notice of violation of any standards of operation shall be
made verbally or in writing to the Licensee by the Santa
Monica Police or by the Economic Development staff.
Immediate abatement of such violation will be required by the
Licensee. Verbal notices of violation shall be followed by a
written notice for purposes of establishing a record of
violations at the discretion of the party glving verbal
notice.
3. Violations of the terms of the Easement or Llcense Agreement
or any provision of these standards shall be kept on file by
the city's Economic Development Division. Three violations
within one year shall constitute a basls for immediate
closure of the outdoor dining area and revocation of the
agreement.
4. The City retains the right to revoke a License Agreement upon
30 days notice regardless of conformance with these
provisions. Upon termination of the Agreement, Licensee
shall remove all personal property, furnishings and equipment
from the Premises. Any personal property remaining on the
Premises shall be the removed pursuant to the laws of the
state of California.
APPLICATION PROCEDURE
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1. An application form and three (3 ) coples of the proposed
dining area plans should be submitted to the Economic
Development Division. The plans must exhibit the following:
a) A detailed scaled site and elevation plan that shows the
relationship of the outdoor eating area to the building,
to adjacent existing buildings and their entrance
locations, and to nearby sidewalks, corners, streets,
bus stops, bus benches and sidewalk obstacles;
b) The total square footage, exact dimensions of the
proposed outdoor dining area, and number of customer
seats;
c) The lighting plan and location of any utllities that
might affect or be affected by the proposal;
d) The existing and proposed pedestrian circulation
pattern;
e) Floor plans of the existing building and any proposed
modification, showing the relationship of food
preparation areas to the outdoor eating area, and
provision for an enclosed trash holding area In the rear
of the building; and
f) The proposed use of materials, colors and design.
2. The Economic Development Division will advise applicants of
standards, terms, and process involved with Easement or
License Agreements. If the plans comply with these terms,
the Economic Development Division will forward copies of the
application package to the Fire Department, General SerVlces
Department, and to the City's Land Use and Transportation
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Management Department for formal review and approval. The
plan must also be reviewed by the Transportation Department
if a bus stop site is involved. A Performance Standards
Permit (PSP) is required. Parking shall be requlred per
zoning ordinance. In addition, approval by the Architectural
Review Board is required.
3. Due to increased parcel square footage, a Coastal Permit is
required as well. Applicant must apply for this with the
California Coastal Commission.
4. Upon obtaining all required approvals, Economic Development
Division staff will negotiate either an Easement or License
Agreement for execution between the city and the Applicant.
Easement Agreements are granted for permanent construction
barriers only. The Agreement will set the rental amount,
term of contract, insurance requirements and other necessary
contractual requirements. The per square foot rate for
License Agreements shall begin at $1. 50, and will be subject
to periodic cpr adjustments; the per square foot rate for
Easement Agreements shall begin at $2.00, with annual cpr
adjustments.
5. Upon approval of all appropriate departments and agencies,
the applicant must obtain the signature of the city Manager
for the execution of the Agreement.
6. After installation and prior to occupancy, the Applicant must
call for a final inspection of the outdoor dining area and be
issued a certificate of Occupancy by the Zoning Offlce.
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7. These standards may be monitored on a periodic basis by the
Economic Development Division in accordance with its
operating procedures.
8. A maintenance deposit the equivalent of two month/s rent w~ll
be required with the granting of an Agreement. It is the
responsibility of the Applicant to maintain Ocean Avenue
paving and fixtures in the condition in which they are
received at time of licensing. The deposit will be refunded
upon termination of an Agreement after an lnspection of the
Ocean Avenue paving and fixtures condition by the Economic
Development Division.
dinstan1
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illustration A
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Santa Monica : Standards
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Illustration D
Ocean Avenue
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Food Service Fari1ity
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Ocean _Avenue
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Illustration E
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Illustration F
Opaque Bauler and Windscreen
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illustration G
AwninQ:s and Umbrellas for Areas Under 7 ft.
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Awnings ::lnd Umbrellas for Areas Greater than 7 ft.
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..," 10 [L
OCEAN A VENTJ'E
OUTDOOR DINING APPLICATION
ECONOMIC DEVELOPMENT DIVISION
NAME OF RESTAURANT:
ADDRESS OF RESTAURANT:
OWNER/OPERATOR:
OWNER ADDRESS:
LANDLORD NAME & ADDRESS:
RESTAURANT PHONE NO: OWNER PHONE NO.
CHECK APPROPRIATE BOXES:
new building construction
new addition of patio
I have provided one copy of the
proposed outdoor din~ng plans
I have provided a copy of my
lease w~th the building owner
I have been given the outdoor
dining standards
. I hereby certify that I have read and understood the application
procedures and outdoor dining standards, and agree to develop and
operate the outdoor dining area consistent with all provis1ons
set forth.
OWNER'S SIGNATURE DATE
CITY PRELIMINARY APPROVALS: (DATE AND INITIALS REQUIRED)
Land Use & Transportation
Management Department
General Services Department
Fire Department
Building and Safety Division
Architectural Rev~ew Board
Planning Commission (If needed)
Coastal commiss~on (if needed)
Alcohol and Beverage Control
Board
GENERAL DESCRIPTION:
dimensions
square feet
number of tables
number of seats
COMMENCEMENT DATE: ENDING DATE:
TERM :
PER SQUARE FOOT RATE: MONTHLY RATE:
TYPE OF AGREEMENT:
CITY FINAL APPROVALS: CITY ATTORNEY
CITY MANAGER
CITY INSPECTION: GENERAL SERVICES
FIRE
dinagr
OCEAN AVENUE STATUS REPORT
1. paseo Del Mar Easement
0 Corner Colorado and Ocean
0 1,530 sf - 12 feet into public right-or-way
0 started $.50 sf - now $1,044.67/mo ($.68/mo)
0 Executed October 9, 1982, ending October 31, 2003 - 20
years
2 . Fennel Easement (or future restaurant)
0 1535 Ocean Avenue
0 624 sf - 12 feet into right-of-way
0 Started $.8333 sf - now $614.42 ($.98)
0 Commenced November 15, 1987, ending NOvember 14, 2002 -
1.5 years
3. I cugini Easement
0 1501 Ocean Avenue
0 736 sf - 10 feet into public right-of-way
0 Started $.90 sf - now $772.86/mo ($1. 05 sf)
0 Commenced July 1, 1990, ending June 30, 2020 - 20 years
4. Bell-Vue License Agreement
0 101 Santa Monica Boulevard
0 392 sf - 10 feet into public right-af-way
0 Was waiting for Planning Commission OK on parking
0 Decided to abandon project 6/91
5. Ocean Avenue Seafood Easement (pending approval of Ocean
Avenue outdoor Dining Standards)
0 1401 Ocean Avenue
0 673 sf - 9 feet into pUblic right-of-way
0 Would pay $2.00sf - $1,346.00 per month
0 Want 15 years
(ocnrpt)
i
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