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SR-400-005-04~ ~O~ r ~~5 O ~{ CDD:EDD:BS:DG:RS:ph.ccoutdin.word.~dd council Meeting TO: The Mayor and City Cauncil ~r n} Santa Monica, Californi~ ~~v~ June 9, 1992 FROM: City Staff SUBJECT: Recom~oaendation to Approve Ocean Avenue Outdoor Dinzng Standards INTRODIICT~ON This report requests approval of the Ocean Avenue Outdaor Dining Standards which was presented to City Council in 1991 and revi$ed incorporating raquested changes. The Standards were rev~eraed and approved by City staff in pertinent departments, the Architectural Review Board, and the Planning Commissian. Revisions substantively changing the document from ~revious versions are highZighted in this report and issues reYnaining for decision are presented. BACRCROOxn In January of Z990, C~.ty Council directed staff to develop guide~ine5 for future Ocean Avenue outdoar dining applicants. At that time, Council was concerned about reserving suffi.cient sidewalk space far pedestrian~, the type and height af vertical separation between outdoor dining area and sidewalk, and obtaining input and approva~s from the Architectural R~view Board {ARB) and Planning _Commissian befare returning to the City Council. ARB approved the Standards on December 3, 1990 and the Planning Commission appraved the Standards in concspt on July 31, ..r~ ~ - 1 - ii ,1~.'r'~ ~ ?~~~~ ~ ~d ~ 1991. Comments and recommendatians fra~ both the ARB and Planning Commission were referred to Ca.ty Council for their conszderatian and are in~luded in this report. DISCU5SION Based on numerous follow-up discussions with C~ty staff~ ARB members, and Cauncilmembers, the Ocean Avenue Outdoor Dining Standards were re~ised as follaws: 1. Outdaor patias could extend up ta twe].~e (12) feet into the public right-of-way if there are no sidewalk obst~uctions. Under all circumstances, eight (8) feet of completeI.y unobstructed si.dewalk space would be requ~red. This wou~d allow two cauples to walk tagether or pass each oth~r freely. 2. The solid, opaque portion of the barrier wauld be na higher than 3'6". A wzndscreen af glass would be permitted above the opaque barrier of two (2} fe~t. If a glass windscreen is used, awnings cauld on~y extend aver 50% of the depth of autdoor dining area in order to avoid the effect of an encJ.ased room. 3. ~f the outdaor dining area exceeds seven (7} feet in depth, awnings wauld be permitted aver 50% af the area, to avoid the "enclosed room" effect. ~f the outdoor dining area is seven (7} feet or less in depth, an awning over~ the entire area would be permitted if a windscreen is not attached. - 2 - 4. The operatianal standards far new outdoor dining areas shall include requirements for a designated driver program modeled an the T~ird Street Promenade's outdoor dining progra~. 5. CompZiance of the Standards shall be enforced by the Police or by the Economic Development Division staff. Notice af non-compliance shall b~ made in writing with three violatians in one year canstituting cause for c~osure of the autdaor dining area and revocation of license agreements. 6. The name of this document shall be changed fram Ocean Avenue Outdoor Dining Guide~ines to Ocean Avenu~ Dutdaor Dining Standards, as per the P~anning Comiaission. 7. As writt~n in these Standards, outdoor dining barrie~s on Ocean Avenue would be required ta conform to semi-permanent constructian design standards. 8. Agreements sha~l be written as temporary license agreements. 9. MonthZy rental rates shall begin at $1.50 per square foat, and be adjusted annually according to the Consumer Price Index (CPI). The Pianning Commission and the ARB debated whether per~nanent constructian af barriers was warranted because of unmitzgated ocean breezes, vehicuiar nozse and fumes, the viability of handicapped acc~ss, and the need for aesthetic "quality". The - 3 - ARB approved in concept the set of draft standards that included a provision for permanent barriers, hut the Planning Commission approved standards that referred only ta semi-permanent barriers. Staff ~ncorporated a pro~ision into the standards herein attached that permit only semi-permanent barrier construction for Cauncil to consider. City Counci~ had requested a report on the status of autdoar dining agreements that have been issued to date. The two restaurants at the Paseo del Mar corner - the Rigatta and Ivy at the Shore - have easement agreements expiring in Octaber 20~3. The new owner of the foriner ~'ennel Restaurant building retains an easeinent agreement which will expire in Novembar 2003. I Cuginz Restaurant's easement agreement will expire in June 2020. The Bel~-Vue Restaurant is out of business and the new buyer is waiting for the new Standards to be issued. Ocean Avenue S~afoad Restaurant does not currently extend into public right-of-way, and is waiting approval af the new Standards ta begin remadeling their outdoor area. The status repart is attached herewith. BIIDGETARY IMPACT Adoption of these Standards has no budgetary zmpact_ RECOMMENDATIQN Staff respectfully recommends that City Council appr~ve the Ocean Avenue 4utdoar Dining Standards and authar~.ze the City Manager ta negotiate and execute license agreements with restaurant operators applying for outdoor dininq an Ocean Avenue consistent - 4 - with the 5tandards. Prepared by: Darrell J. George, Manager Economic Development Division Ruta 5kirius, Senior Administrative Analyst Economic Deve~apment Division Attachatents: 1. Ocean Avenue Dining Standards 2. Outdoor Dining Applicatian 3. Status Report on Dining Agreements 4. Architectural Review Board Comments 5. Planning Commissian Comments ~ 5 - ~' ~ .~,. . . OC~AN Av~u~ OIITDOOR DINING STANDARDS PVR_~OSE The purpose o~ this document is to establish s~anda_ds for outdoar dining on Ocean Avenue ta accommodate pedes~rian circulation and meet appiicable ~ade raquirements as well as create we~l-designed and attractiv~ outdoor dining areas. Thase guide].in~s should not be cons~~rued as all gave:ntaental , agency requirements ~or starting a new business, ar for e~anding an existing business to provide new ser~,rices. The business owner must secure :h~ apprapriate appravals, 3.icenses and permits from the Alcoholic Beverage Cantro]. BQard, Land IIse and T~ansportation Management Departnent, ti~ie Finance Depart~snt (Buszness License} , and any other appropr=ate au~iarity independent of the Outdoor Dining Application process. NOTE: Iastallatian ar canstru~tion ef cutdoor dining enc3osures cannot beqin until the ~'Outdoor Dininq Aqreement" is siqned by the City Maaaqer. - 1 - ELIGIBLE OSES 1. Restaurant estahlishments located on Ocean Avenue whzc:~ provide ~ull menu ~oad services, take aut ~ood service, and specialty food serviee (e.g., caokies, ice cream) are eligibI.e. 2. Temperary, mobile or ~reestanding food service prav~ders or vendars are not eZigib~e. 3. Establishments that serve alcaholic beverages in their outdoor dining area are required to meet the additional specifi.c standards autlined in this document for alcahoZ servzce as well as all othe~ applicable state and Zocal requirements. 4. Outdoor Dining areas must be designated for comb~ned foad and beverage service. Foad ~ust be pnrchased in order to be served alcohol. A1~ restaurants are requirad ~o post appropriate signage or print an ~he menu: "Faod purchase is required in all outdoor dining areas. Alcohol may not be served withaut food", EL~GIBLE SITES I. The area cavered by these standards is restrzc~ed to the east side of ocean Avenue between Colorado Avenv.e and California Avenue. (See I~~ustration A_) 2. The Latal ~se for dining, landseapinq, wail, etc., shal~ be no greater than twe~ve {12) feet from the building I.ine, and - Z - ~ an obs~~-uct~an free pedes ~ ian area of a m;niintua of eiqht ( 8) feet mus~ be nrovided ber~reen the exrerior of the dininq st_~ucture and landscaping, and any obst+~ctians suc:~ as str~et ~'~.rees, newsstands, bus benches, or cu.rb. (See IZlustration 3. } pining areas shall nat be ner~ait~ed with~n i5 feet oi the c•.irb Zine at both ends of each blcc~C. 3. The layout of autdoor dining areas must be in canformance with Tllustration C as applicable tv maintain a clear passageway and/ar emergency ex~t. 4. The e~evation of the outdoor dinzng area shal? not be hzgher than szcewa~.k level, and on1.y semi-permanent bar~ iers shal]. be pe~mitted and license agreements shaZl be issued. 5. All ouzdoor dining areas shall be fully accessible to the physically handicapped, as requzred by Title 24. 6. Estab~ishments which serve a3.caho~ic beverages are required ta provide a physica~. bar_-ier that meats the requirements af th~s dacsment and t~ase af the A].coha~.ic Beverage Cnntrol Board. Refer to ~1].ustratxon D. 7. The dining area should promote a visual relationsha,p to oc~an Aven~te as deter.nined by the City of Santa Monica' s Cammunity Devel.opment Department. DESIGV STANDARDS z. New outdoor d~,ning areas are to be designated by semi-pex^~anent barriers. Semi-permanent barrier construction _ ~ _ must congona ta the Ganeral 5ervicas Department installation standards and be reiacvable, as by use af ~ecessed sleeves and posts or by whe~ls which can be laeked into place. (See Illustration B.) Barriers uti].izinq any type of stretched canvas materia2 must be st~runq t~+raugh eye heaks. NOTE: Any madi~icatian ~o public surtaaes, such as bvrings for recessed sleeves or post holes, must be approvad by ~he Directcr of the General Services Depart~ent. 2. All barriezs must be abie to withstand inclement outdoor weather, and l~a paunds per IineaZ foat of horizonta~ force at the tap of the barricade when in the3r fixed p~si~ions 3. The maxi.mwa he~ght of an opaque barrier sha1Z be three teet six inches {3'6't} from the sidewalk Ievel_ Windsc~een attachments ta the opaque barrier shall be transparent and no mare than t~~ao feet (2' } in height_ The combined haight of opaque barrzer and windscreen shal]. nat exceed f~ve feet six inches (5~6"). {See IlZustration F far exampl.e.} 4. No barrier is required if the faod prcvider la.zn~.t~ outdoor tables and chairs to one row abutting the wa12 of the establishment and no alcohol is served ar consumed. For the sight zmpaired, either potted p~.ants {four to ~ive feat in height) situated at each far corner of the outdoar dinzng area, or a coZor,~axture inset in the cement along the border of the dining area is r~quired. The rent for autdaor dining in this configuratinn shaZl be based on a six {6} gaot depth and the wzdth ag the buildzng, less entrance walkway, - 4 - ~. The use o~ remavable E~~+rrell.as in sidewalk cafe areas is encouraged pro~rided that they ~aintain at least seven (~} feet ~f clearance abave the floar level. If awnings ar~- used, they ~ust maintain at least eight (8) ~eet and n~ mor~ than E~~taen (15} feet af clearance abave t_'~e floar ieveZ. If the outdoor dininq area is saven (7) feet or Zess iram the buiZdinq, an awning ~aay extend ovez the entJ..re area. I~ t.he outdadr dining area extends aut mare than seven {7) ~~et fram the building, the awning shall_not exceed 50& of the dept..'~ af the area. Far the exr~osed area, umbre~las ~ay be utilized. {For examples of these options, see ~Z~ustration G.) An awnings mairltenance pragram shaZl be submitted to the ARS as part of tha materia3.s submitted with t,he outdoor dining app~.ication. 5. Lighting shall be incarparatad into the sacade of the bu~lding, and shal~. comp~ement the styZe of the bui~ding. Liqhts on buildYnqs shalZ not be gZaring to pedest~~ans on *-~he sideWa~k. (A minimum of 5 faotcandles on the szdewalk sha~l be provzded.) Tab].e ~amns ar cand~~s are encouraqed. Wired eleet~ical fixt~res wi11 be allowed outs~.de the fac~ of th~ buildinq if cantained within the permanent bar+:.er. An . applicant must obtain an elec~rical per~ait for a light~,ng p~an ~rom the Building and Sa€ety Division. 7. Th~ design materials and calors used for chairs, tab~.es, lightinq and other fixtures zncluding umbrellas and awrfings shall be generally consistent both with the archztectural style and coZars used an the bui~ding facade. The des~.gn _ ~ _ must be approved by the A.r~hitectural Revzew Baard (AR3) zz appropriate, and tha Communi.~y Development Depar ~ent. The ARB stronqly discourages the use of scallops and stripes in the design of awnings. 8. No szgns are per.nitted in the outdaor dina.ng area ~rit.'~ the exeeptian of an id~ntzfication or menu sign. The s~.gn must be approved by the Architectural Review Baar3 (ARB) and the Community Deve3.oprnent Department in accardance with the standards of this docuiu~nt. Product names may not appear on awnings or umbrellas. 9. Landscape archite~ture and landscape maintenance prograza shall be submitted with the outdaor din~ng application. Water dra~.nage onto Ocean Avenue shal? not be allowed and stressed or dyinq plants must be replaced. Pot:.ed pJ.ants nnust have a saucer or other suitable syst~m to retain seepage and b~ elevated ta aZlow for air flow of at leas~ 2" (twa inches~ l~etween saucEr and sidewalk. 10. All Fire Department regulations and standards concerning exteriar Zi.ghting and power ~nust be met. These regulatians and standards wi11 be suppli~d at the time of applacation. OPERATIONAL STANDARDS ~. Restaurant management is responsibls for running and operating the outdcor dinzng area. 2. Outdoor dining patios a~e fos sit-dawn food and beverage service on1y; no stand up service is per,na.tted. ~ g _ 3. When the establishment's ~~tchen closes, ~urther seating zn },..he outdoor dininq area is prohibited. The outdoor di:~inq area must close when those pat:ons aL eady seated in }..he outdoor area 3.eave. 4. IInre~ly behav~ar is not per~nitted in the autdoor dining area. 5. ~13. establishments servinq alcohe~. shall participate ~.n a designated driver program and maintain a working relationship with a taxi service far the safety of their customers. Establishments are encat~raged to prav~de speci.als on n~n-alcohalic beverages to designated drivers. It is ~andatory that t~~ establishment serving alcohol in ~~e aut3oar dining area send its good servers and bartenders to a ~iniiauiu of ane class per year organized by any authorized assaciation such as: Alcohol Beverage Cantral Board (alcahol train~ng), the Cali~~rnia Highway Patrol (des~gnated driver progr~m) , er the Santa :Mton~.ca Police Department. 6. Outdoor dining areas, incZuding flaoring, must remazn c3.ear of IittEr, foad scraps, and sailed dishes at all t~.mes. Where eat~.ng establi~hments provide se~f-service ar take-out servzce, they must maintaa.n an adequate nt~mher of employees to cZear refuse or litter on a regul3r basis even thaugh table service is not pravided. Flcorzng must be cleaned daily. Trash receptacles must be provided in the building and trash sezvic~ must be arranged with the General 5ervices Department of the C~.ty . _ ~ _ 7. At the end af the business day establishments are res;uired to clean (sweap and mop} the area in and around the outdoor dl.ninq area . 8. If disposa}ale utensils are used, the restaurant must comply wit,h a~l appli.cabl.e recycling programs vf the General Services Department. 9. The max~um hours of aperation of an flutdoar eat;.ng area may be establzshed by the City and may be less than, but sha21 not exceed tha haurs of ~peration a~ the associated foad service establishiaent. ~.0. Outdoor dining areas shall be continuously supervised by employees of the establishment. Food establiGhm~nts serving alcaholic beverages must have a supervisar an site at alI times. zl. All plans and per.nits for the autdoar dining area appraved by the City iaust be kept cn the premises far znspection at all times the establishment is apen for buszness. 12. Any modification to the appraved plans must be appraved by the Cammunity Develapment Department prior ta the implementatian of any madi~icatian. 13. Outdoor dining areas shall meet all requirements af the Health Departmer.~~ af the Los Anqel~s County and any other appZicable regulations. - 8 - 14. Musica2 instnunents ar sound reproductign systems are ger~itted in outdaor eating areas, but shal~ be maintained suf~icientwy low volumes so as not tn in~rude an neiqhhoring businesses or exceed limits ~.mposed by ths C~ty's Noise Ordinanca. Saund systems may nat be used far any advertising or sol.icitation purpase ~or the restaurant ~r any praduct or service. IS_ All pravisions of the Agreements m~xst be complied with at alI ti~nes . ENFORCEMENT 1_ Not~ce of violation of the design standards shall be made in a wr:.t~ng tc zhe Licansea by the Santa Monica Polica or by the Ecanomic Development staff. The Licensee will have 10 days to cure su~~ default, or qttat. 2. ~otice of vio3.at~.on of any standards o~ aperaticn sha17. be made verbally or in writ~ng to the Licenses by the Santa Mani~a Police ar by ts'~.e E~anomiG Deve~apment sta~f. Im?f+¢d~at8 ai~atement a~ such vifllation wil~ be required by the Licensee. Verbal notices of vzolat~on shall be ~allowed by a wr; t~en notice for purposes of establ.ishing a racord of violations at the discreti~n of the party giving verbal notice. 3. Violations af thp ter~as of the License Agreement er any pravis~.on af th~se standards shal~ be kept on fil~ by the City's Econamic Development Divzsion. Three vi.olat~ons - 9 - with~n one year shalZ constitute a basis far ?m~ediate closure of the outdoar d~ning ar~a and revocatian of t*~e aqree~ent. 4. The City retains the =iqht to revoke a License Agresment upon 30 days natice regardless og congermance with these pravisions. IIpon termination of the Agreement, Lic$nsee shall remave a~l pers~nal property, furnishangs and aquipment from the Pramises. Any persana3 praperty remaining an the Pre~nises sha.ll be the remaved pursuant to the laws of the State of Calif~rnia. APPLICATION PR~CEDCTRE I.. r~n application ~orm and three (3) copies af the praposed dining area plans should be submitted to the Ecanomic Development Division. The plans must exh3bit the fc~lowinq: a) A detailed scaled site and elevation plan that shows the relationship of the outdoar eating area to the building~ to adjacent existing bui~.dings and their entrance Zocations, and to nearby sid~ewalks, corners, streets, bus stops, bus benches and sidewalk obstaczes;_ b) The total square ~ootaqe, exact d~mensians a~ the proposed o~xtdoor dining area, and m~mher of customer seats; c} The ~ightir_~- plan and Iocation of any utilities that might affect or be af~ected hy the proposal; d) The existing and proposed pedestrian circulatian pattern; - 10 - ~ e) Floor plans af t~e existl.ng buiZding and any proposed madi=ication, show~nq the relationsh~p of food preparation areas ta the outdoor eating area, and pzovision ~nr an enclased trash holding area in the raar flf the bui.lding; and f) The prvposed use o~ materials, colors and design. 2. The Economic Deve~.opment Division will advise app~icants of standards, terms, and proc~ss involved with Lic~nse Agreements. If the pl.ans comply with these terms, the Econom~c Develapment Di~ision will forward copzes of the application package to the Fire Depart~ent, Genera.~ Services Depart~ent, and ta the C~,ty's Land IIse and Transponat~on Management Department for farnal review and ~pprvva3.. The plan must alse be revi.ewed by the Transportation Depar~ent i~ a bus stop s~te is invalved, A Performance Standards Per~nit (PSP) is required. Parking shall be required per zon+ng ardinance. In additzon, approval by the Arc~itectural Review Baard is required. 3. Due tc increased parcel square faotage, a Coastal Permit is required as well. Appza.cant must app3.y ~or this wi.th ~."~e CaZifarnia Coastal Commisszon. ~ 4. IIpon obtaining all required approvals, Economic Develapment Division staff will negotiate either a License Agreem.ent for execution between ~he C~ty and the Applieant. The Agreement T,ai11 set the rental amount, te=m of contract, insurance requir~ments and other necessary contractua3. requirements. - l~. - The per square ~aot rate for Lic~nse Agreements sha~.l begin at $1.~0, and wil~ be subject ta per~odic CPI ad7ustments. 5. IIpon approval of all appropriate departments and agenczes~ the applicant zaust obtain the signature of the City Manager ~or the execution of the Agreement, 6. After instal].ation and prior to occupancy, the Applicant must ca~.l ~or a final inspectian og the autdoor dzning area and be issu~d a Certificate af occupancy by the Zoning Office. 7. These sta~dards inay be monitored on a periadic basis by the Ecanomic Development Divisian in accardance with its operatzng proc~dures. 8. 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'f'.. ~ , ~ IIIus~~~tio~ F Qt~aQUe Baf~~er ~r~ W~n~:s~~e°n ~ ~ ~1L'C~4.~vL~i . ~ 7 ~ ~ T V L O J..r~ - OvaQUC ~ Ba.~e: ( S~~ r ~ve~ ---r ~ ~ f=~. ~ I ~ ~"~'1 IIILs ~r~~zon G , Awnin ~s ane Unor~Las ~ or :~3.s L1 ~de+ ? f~ I ~ ? ~L ~ Sf~6in. ~ ~:.a~- I , ~ ~ - 7 L~. ~ k _ ~ , 7 ~ ~ ~ ~ fE_ 5 in. ~ ~ ~~.. 6 ia. f e I LL - T Illus~'aL~On G AwZ?S~~S and C~Tmbreilas for ~~a.s Gre3rer th?n ?~ S fr. ~ ,~z 3i i i r ~ i - ~ ~ Q ~a. i YT : i. Q ~+,.. IQ ~'~:.. L OCF.ArT Av~rTIIE ~IITDD~R DINING APP3,ICATION ECONOMIC DEVELQPMENT DIVISIDN NAME OF RESTAIIRAN'r: ADDRESS OF RESTAUR.ANT: OWNER/aPERATOR: OWNF.:.R ADDRESS : LANDLORD NAME & ADDRESS: RESTAURANT PHONE NO: OWNER PHONE Na. CFlECR APPROPRIATE B~XES: ~ new building construction new addition of patio I have provided one copy of the proposed outdoar dining plans I have provided a copy of my leasa with the building owner 2 have been given the outdoor dininq standards I hereby certify that I have read and understood the application procedures and outdovr dininq s~andard~, and agree ta develop and nparate the outdaar dining area consistent with a~.l provisians set forth. OWNER'S 52GNATURE DATE CITY PRELIMINARY APPROVAI,S: (DATE AND INITIALS REQ[TIRED) Land IIse & Transportation Management Department General Services Department Fire Depart:aent Building and Safety Division Architectural Review Board Planning Commission (if needed) Caasta~ Camm~ssian (if needed} A~cvhol and Beverage Control Soard GENERAL DESCRIPTION: DATE: dimensians square feet rn~~++~~r o~ tables nl»++~er of seats ENDING DATE: TERM: PER SQIIARE FOOT RATE: MONTHLY RATE; LICENSE AGREIIKENT EXECUTED: CITY F~NAL APPROVALS: CITY ~NSPECTION: -~ CTTY ATTORNEY CrTY MANAGER GENERAL SERVICES FIRE dinagr v OCEAN AVEI~u~; STATIIS REPORT l. Paseo Del Mar Easenzent a Corner Co~orado and Ocean 0 1. 53 0 sf -].2 _eat ~.nto p~62ic riqht-og-way o Star~ed $.50 s~ - now ~1,044.67/mo (~.68/mo) o Executed a~ob~r 9, Z98Z, endinq October 31, ZOQ3 - 2Q years Z. Fennel Easemeat (or fuzur~ restaurant) c 1535 Ocean Avenue v 624 sf - 12 feet into right-c~-Gray o Started $.8333 sf - now $614.42 (5.98} Q Commenced Navemher Z5, I987, endzng NOve~ber 14, ~002 - 15 years 3. ~ Cnqini Easement 0 150; Ocean Avenue 0 736 s~~ -? 0 feet ~nta pub].ic rlght-e~-way o Started 5.90 sf - now $77Z.86/no ($1_45 sf) O Ca~++m~IlCB$ JtIlY 1. , 19 9 4, end~~g June 3 0, 2~ 2 0 ~ Z 0 ~e3tS 4. Be11-Dtze Licease Aqreement o ZO1 santa Monica Bou?evard a 392 sf -? 0 iaet inta public right-of-way a Was wait~ng ~or Planninq Ca~mission OR on parking o Dec~.ded ~o abandon pro] ec w fi/ 91. 5. ~cean Aveaue Seaf~od Easement (p~nd~ng approval of Ocean Avenue ou~.~.oor Dzninq Standards) 0 140I Ocean Avenue 0 673 sg - 9~eet inta publ~c right-of-way o wauld pay $Z.oos~ - 51,346.00 per month o Want 15 years ioc~t) . . August 5. 1991 C f ty Coc~nc z 1 C1 ty of San ta Fion sca 1685 Main Street Re: Outdaor dlning deslgn g~idelines fvr Third 5treet Promenade. OCeaa Avenue Honorable Members of the Council: Absent the exfstence of specific and detafled design guide3.ines for the installation of vutdoor dining areas in the p~blic right of Way the Architectural Revlew Board appro~e~ a small numbe~ of projects that are currently the sub~ect of reexaa~ination. A number of issues having to do ufth the natuz~s and conduct of the u5e of otttside dininq areas, uhich are not directiy in the p~trview of the ARB. are at the heart of this. inevitabiy the implementation of policy or IacK thereof may come dar~n to an ARB ~udgement cail. We do not ~resume to be infaiifbie. ~~rt will stand by our revieW oF the~e ~ro]ects as to their desiga apgrogriateness ~rith respect to aesthetics. absent specif~c 'thou shalt nots'. The earZy staqes of de~e~opment on t~e Promenade' were of a'great experiment' nature. and in many respects thts experiment may be considered a faatastic success. The ARB Q~d pravide recommendations to the councii cancern~ng more spectfic guidelines triat the Board consldered apgropriate arch~tectural res~or~ses tc the specific special conditfans of outside din2ng areas. There are dffferences between the specffic environments of tne Promenade and Ocean Avenue that warrant separate consideration. The Promenade ~s an vpen and pedestrian oriented linear piazza w2th extremeZy limited vehicular accESS and good weather pratectlon due ~a contiguo~s ' buildings on both sides. in retrospect, it is not n~cessarify uise paiicy to a11.ow for trie enclosure of portzans of th~.s space intn vfrtual rooms. Limited awn~ngs. o~ tabl~ umbrelias in con~unction wftn pianter laarr#ers of lim~ted height. leaving clear open space in between with no ~ntervening supports woc~~.d seem a more a~progriate response. The Ocean Aven~ze conditian is characterized by heavy veh~cular traffxc. linear pedestrzan traffic on the sfdeWaiks, and open exposure to the Pal~sades Promenade Paric. Off sriore wind ar~d auto~bus exhaust gro~ide adverse environmental conditions that render a more opea ~ -2- and unpratected outslde area less succe~s#ctk. The issue of panhandling is ~ore universal. and if thfs ~ere the only reason to provide additional enclosure cansiderations for outs ide d in i ng areas on ~cean Avenc~e i t wac~l d no t be suppartable. The council shou2d con~ider the bene#~.t ~n terms af an urban environment amenity that the existtng Qutside dining areas grovide to the pubizc perception o# ocean Avenue in its signiffcant f~portanc~ to the tourist trade and dining/ entertainment fndustries f~nm ~hich the city deri+res i~age and ~ncot¢e. Lim~fting tne privilege to use these areas i,n a relatively ca~[fortable manner Will eliminate a very interesting and vital urban amenity and the income along W~.th it. Certain Ocean Avenue prapertiss are clearly not successful With seating behind three faot canvas encZosures. and ~rith these as an example it is likely that given the choice or rather lack thereof, resta~rateurs ufil opt octt ct oc~tside a~a~ng altogether. The ~e~bers af the Architectural &eview Bcard respectfnlly sttbmit these visws to the Councfl and looK forWard ta be of fctrther assistance ~n the develop~ent and implementation of the outside dinfng de~ign guidelines. Sincereiy, Eric Char~es Parlee Chair ARB f ~ CD~:EDD:PC:DG:RS:ph.ccoutdin.word.edd INFORMATIDN ITEM TO: The Mayor and City Coeincil FROM: City Sta~t Santa Monica, Californa.a August 1, 1991 SUBJECT: Planninq CQ~+~?i.ss~on camments regarding the Ocean Avenue and Third Straet Prvmenade Outdoor Dining Guidelines INTRODIICTION , This staff repart provides comments given by the Planning Commission regarding the acean Avenue and Third Street Promenade Outdaor Dining Guidelines. BACRGR~IIND To obtain maximum inp~t prior to presenting the outdoor dining quidel~.nes to City Caunc~l, City sta~f provided the Planning Commission an oppartunity to review and comment an the guzdelines at their special meetinq of July 31, 1991. DISCU53ION Each Commission member had comments abaut the proposed dining guidelines. A common response from the Commisszon was that the guidelines for ~cean Avenue and the Promenade should be considered s~parat~ly, nating the different street characteristics of Ocean Avenue and the Third Street Pramenade. Commissianers requested that the City Council reconsider th~ - 1 - ~ guidelines in liqht of these differences. For example, does the wind factcr on Ocean Avenue warrant a higher windscreen than the praposed 5'S" , and do we want ta permit structural enhancements to dining areas alanq this avenae to complement tha restauraat a~+hience? The Planninq Cammission was generally positive about the "guidelines", but one cammissianer proposed that the term "standards" be used throuqhout, rather than the term "guidelines". The Commission also recammended that since the City is undertaking the eventual adoption of a Civic Center Specific Pian, we not include the area south of Colorado for autdoor dining opportunities alflng Ocean Aven~e. Also discussed was the issue of Zive and amplified music. It was felt by the Commission that amplified music nat be permitted at all in the autdoar areas on both Third Street and ocean. Finally, the Commission suggested that a11 establishments which serve alcoholic beverages in their outdvar dining area be required to comply with the city-wide alcahol po~icy to be consid~red in the next ~ew months. It was also discussed that, unl.ike the Pramenade, ~cean Avenue restaurants nat be restricted to aZcoho]. sales after 11:00 p.m. SIIMMARY should cauncil supu~rt the Plannzng Commission recommended changes and additians to the guidelines, staff wil~ incorporate the appropriate language into the raspective documents. - 2 - Prepared by: Darrell J. George, Manager Economic Development Division Paul Berlant, Director Land IIse and Transportation Manaqement Department - 3 -