SR-400-002-07
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APR 9 ~99'
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COUNCIL MEETING: April 9, 1991 Santa Monica, California
TO:
The Mayor and City Council
FROM:
City staff
SUBJECT: Recommendation to Approve Ocean Avenue Outdoor Dining
Guidelines
INTRODUCTION
Ocean Avenue Outdoor Dining Guidelines outline the procedures and
standards for establishing outdoor dining areas which extend into
public right-of-way on Ocean Avenue.
with input from the
Architectural Review Board and city staff representing pertinent
city departments, the Guidelines identify eligible uses, eligible
sites, design standards, operational standards, and application
procedures with which all applicants for easement and license
agreements must comply. This report documents the development of
the Guidelines, summarizes their contents, and recommends their
approval by the city Council.
BACKGROUND
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 present1ng
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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.
DISCUSSION
The purpose of Ocean Avenue Outdoor Dining Guidelines is to
regulate the development of outdoor dining patios along the Ocean
Avenue 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 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, it is expected that explicit guidelines would
facilitate the processing of applications through administrative
procedures.
Once the Ocean Avenue Outdoor Dining Guidelines are approved,
City staff feel it would be useful to develop 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
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to the ARB for approval and return with them to the City council
for adoption.
summary of Guidelines
Applicants with restaurant sites on Ocean Avenue between Pico
Boulevard and the California Incline would be eligible for
easement and license agreements. 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 elevation of the outdoor dining
area could be no higher than the elevation of the building's
first floor. An opaque barrier fronting the patio can be no
higher than four feet from the sidewalk level; the minimum height
of the opaque barrier shall be thirty inches (30") from the
sidewalk level to create a minimum "modesty screen". with
permanent barriers, a planting bed minimum of eighteen inches
(18") shall be required over two thirds of the frontage. 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.
Application Procedure
The Economic Development Division would have the primary
monitoring role of applications for outdoor dining agreements on
Ocean Avenue. Initial contact would be made with Economic
Development staff who will first provide the applicant with a set
of Outdoor Dining Guidelines and then guide the applicant through
the approval process. In addition to the application form, three
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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 staff will review
the plans for conformance to the Guidelines. As a construction
proj ect, 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 have reviewed
and approved the outdoor dining plans and design, and staff has
determined that outdoor dining plans and design are in
conformance with the Guidelines, the City Manager would be
authorized to negotiate and execute license or easement
agreements
between
the
City
and
applicants
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.
SUMMARY
staff respectfully recomends that City Council:
1. Approve the Ocean Avenue Outdoor Dining Guidelines and
authorize the City Manager to negotiate and execute
license and easement agreements with restaurant
operators applying for outdoor dining on Ocean Avenue
consistent with the guidelines;
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2.
Direct staff to develop citywide
Guidelines for ARB approval and
consideration at a future meeting.
outdoor
City
Din1.ng
Council
Prepared By: Peggy Curran, Director
Community Development Department
Paul Berlant, Director
Land Use and Transporation Management Department
Darrell George, Economic Development Manager
Economic Development Division
Ruta skirius, senior Administrative Analyst
Economic Development Division
Attachment:
Ocean Avenue Outdoor Dining Guidelines
dinstaf1
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OCEAN AVENUE
OUTDOOR DINING GUIDELINES
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 independently of the Outdoor
Dining Application process.
ELIGIBLE USES
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.
Temporary, mobile or freestanding food service providers or
vendors are not eligible.
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ELIGIBLE SITES
1. The area covered by these standards is restricted to the
northeast side of Ocean Avenue between pico Boulevard and the
California Incline. (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
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 applicable to maintain a clear
passageway and/or emergency exit.
4. The elevation of the outdoor dining area shall be no higher
than the elevation of the building's first floor.
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
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
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Avenue as determined by the City of Santa Mon1ca's Community
Development Department.
DESIGN STANDARDS
1. Outdoor dining areas may be permanent or semi-permanent.
Semi-permanent areas are to be designated by barriers able to
withstand Building Code wind force regulations or fifty
pounds per lineal foot of horizontal force at the top of the
barricade (whichever is more stringent) when in their fixed
positions. (Examples of semi-permanent barriers are provided
in Illustration E.)
2. Permanent construction designs require building permits
consistent with the Uniform Building Code.
3. The maximum height of an opaque barrier shall be four (4)
feet from the sidewalk level; the minimum height of the
opaque barrier shall be thirty inches (3D") from the sidewalk
level to create a minimum "modesty screen". If the
building's first floor is between two (2) and three (3) feet
above sidewalk level, the two (2) and one (1) foot barrier
(respectively) shall use additional landscaping as the
primary means of screening. windscreen attachments to the
opaque barrier shall be as transparent as possible, e.g.,
glass. (See Illustration F for examples.)
4. 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. The rent
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for outdoor dining in this configuration shall be based on a
six (6) foot depth and the width of the building, less
entrance walkway.
5. The use of awnings or removable umbrellas in sidewalk cafe
areas is encouraged provided that they maintain at least
eight (8) feet or seven (7) feet respectively of clearance
above the floor level and do not exceed fifteen (15) feet in
height. Awnings may extend over the entire eating area if
the area is immediately adjacent to the building. An awnings
maintenance program shall be submitted to the ARB as part of
the materials submitted with the outdoor dining application.
6. 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.
7. 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 design
must be approved by the Architectural Review Board (ARB) if
appropriate, and the Community Development Department. The
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ARB strongly discourages the use of scallops and stripes in
the design of awnings.
8. No signs are permitted 1.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 in
these areas except on the valance portion of an umbrella for
those products typically advertised in that way (e.g.,
Cinzano) .
9. Outdoor dining areas must not block the natural dra1.nage of
adjacent sidewalks. Permanent barrier designs must
incorporate an 18" minimum planting bed over two-thirds of
the public frontage. A landscaping maintenance program shall
be submitted with the outdoor dining application.
10. 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.
11. Applicant may be required by the Department of General
Services to make improvements or repairs to the area affected
by the addition of outdoor dining, e. g., to the sidewalk
paving, landscaping, lighting, curb and street.
OPERATIONAL STANDARDS
1. Outdoor dining areas, including flooring, must remain clear
of litter, food scraps, and soiled dishes at all times.
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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 basis even though
table service is not provided. Flooring must be cleaned
daily. Trash receptacles must be provided in the area and
trash service in the alley must be arranged with the General
Services Department of the city.
2. If disposable utensils are used, the restaurant must comply
with all applicable recycling programs of the General
Services Department.
3. 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.
4. Outdoor dining areas shall be continuously supervised by
employees of the establishment. Food establishments serving
alcoholic beverages must have a supervisor on si te at all
times.
5. Approved plans of the outdoor dining area layout must be kept
on the premises at all times.
6. Any modification to the approved plans must be approved by
the Community Development Department prior to the
implementation of any modification.
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7. Outdoor dining areas shall meet all requirements of the
Health Department of the Los Angeles county and any other
applicable regulations.
8. Establishments that serve alcoholic beverages in their
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.
9. Musical instruments or sound reproduction systems are
permitted in outdoor eating areas, but shall be maintained
sufficiently low volumes so as not to intrude on neighboring
businesses or exceed limits imposed by the City's Noise
Ordinance. Sound systems may not be used for any advertizing
or solicition purpose for the restaurant or any product or
service.
10. All provisions of the License or Easement Agreement must be
complied with at all times.
APPLICATION PROCEDURE
1. An application form and three (3) copies of the proposed
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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,
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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 utilities 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
Agreements. If the plans comply with these terms, the
Economic Development Division will forward copies of the
application package to the Fire Department, General Services
Department, and to the City's Land Use and Transportation
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 required per
zoning ordinance. In addition, approval by the Architectural
Review Board is required.
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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, the Economic
Development Division will negotiate a License Agreement or
Easement Agreement for execution between the city and the
Applicant. The Agreement will set the rental amount, term of
contract, insurance requirements and other necessary
contractual requirements.
5. These standards may be monitored on a periodic basis by the
Economic Development Division in accordance wi th its
operating procedures.
6. A maintenance deposit the equivalent of two month's rent will
be required with the granting of an Easement Agreement. It
is the responsibility of the Licensee 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 Easement Agreement after an inspection
of the Ocean Avenue paving and fixtures condition by the
Economic Development Division.
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Area covered
by
Ocean Avenue
Ou tdoor
Dining
Standards
--..
B mlding Line
Food Service
Facility
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Illustration B
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Pedesl:I1an
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Illustration C
Ocean Avenue
Sidewalk
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o I Path I () Q)
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Food Service Facilitv
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Cafe at Recessed Entry
Clear Path to Entry Shall Be MaintaIned
Ocean Avenue
Sidewalk
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Food Service Facility
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Illustration D
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Ocean Avenue
Sidewalk
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Food Service Facility
Controlled Access to Alcohol Serving Facility
A.B.C. Recommended Layout
Ocean Avenue
Sidewalk
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Food Service Facility
Pass-through Window Shall Be Permitte<:i
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Illustration E
Post
Planter Barrier
Wheel Lock
W
Sleeve Cap
Metal Sleeve
Wheel Locks
Post & Recessed Sleeve
Barrier Anchoring
Barrier Example
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Opaque ..
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Illustration F
Opaque Barriers
Opaque Barrier with Outdoor Dining at Street Level
Opaque
Barrier
Elevation of
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1 st Floor
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Opaque Barfler with Outdoor Dining Above Street Level
(Opaque Barriers Cannot Exceed 4 Ft. above Street Level)
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OCEAN AVENUE
OUTDOOR DINING APPLICATION
ECONOMIC DEVELOPMENT DIVISION
DATE:
NAME OF RESTAURANT:
ADDRESS OF RESTAURANT:
OWNER/OPERATOR:
OWNER ADDRESS:
LANDLORD NAME & ADDRESS:
RESTAURANT TELEPHONE NO:
OWNER NO.
CHECK APPROPRIATE BOXES:
new building construction
new addition of permanent patio
construction
semi-permanent or temporary
outdoor dining area
I have been given the outdoor
dining guidelines
I have provided three copies of
proposed outdoor dining plans
I have provided a copy of my
lease with the buildlng owner
GENERAL DESCRIPTION:
dimensions
square feet
number of tables
number of seats
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BARRIER:
AWNING:
COLORS:
OTHER:
APPROVALS:
DATE
Land Use & Transportation
Management Department
General Services Department
Fire Department
Building and Safety Division
Architectural Review Board
Planning commission
Coastal commission
Alcohol and Beverage Control
Board
EXPECTED COMMENCEMENT DATE:
LEASE
OR LICENSE
EXECUTED:
COMMENCEMENT DATE:
ENDING DATE:
TERM:
PER SQUARE FOOT RATE:
MONTHLY RATE:
OTHER:
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