SR-400-005-04 (2)
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Council Meeting
JUN
2 1992
Santa Monica, California
June 2, 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 was presented to City Council in 1991 and revised
incorporating requested changes. The Standards were reviewed and
approved
by
City
staff
in
pertinent
departments,
the
Archi tectural Review Board,
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 applicants. At
that time, Council was concerned about reserving sufficient
sidewalk space for pedestrians, the type and height of vertical
separation between outdoor dining area and sidewalk, and
obtaining input and approvals from the Architectural Review Board
(ARB) and Planning Commission before returning to the City
Council. ARB approved the Standards on December 3, 1990 and the
Planning commission approved the Standards in concept
onC;:3D
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') 109'
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1991.
Comments and recommendations from
both the ARB and
Council for their
Planning commission were referred to city
consideration and are included in this report.
DISCUSSION
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 3'611. 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 in 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 lIenclosed room" effect. If 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.
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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.
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.
6. The name of this document shall be changed from Ocean
Avenue Outdoor Dining Guidelines to Ocean Avenue Outdoor
Dining standards, as per the Planning Commission.
7. As written in these Standards, outdoor dining barriers
on Ocean Avenue would be required to conform to
semi-permanent construction design standards.
8. Agreements shall be written as temporary license
agreements.
9. Monthly rental rates shall begin at $1.50 per square
foot, and be adjusted annually according to the Consumer
Price Index (CPI).
The Planning Commission and the ARB debated whether permanent
construction of barriers was warranted because of unmitigated
ocean breezes, vehicular n01se and fumes, the viability of
handicapped access, and the need for aesthetic II quality" . The
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ARB approved in concept the set of draft standards that included
a provision for permanent barriers, but the Planning commission
approved standards that referred only to semi-permanent barriers.
staff incorporated a provision into the standards herein attached
that permit only semi-permanent barrier construction for Council
to consider.
city Council had requested a report on the status of outdoor
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 October 2003.
The new owner of the former Fennel Restaurant building retains an
easement agreement which will expire in November 2003. I Cugini
Restaurant's easement agreement will exp ire in June 2020. The
Bell-Vue Restaurant is out of business and the new buyer is
waiting for the new Standards to be issued. Ocean Avenue Seafood
Restaurant does not currently extend into public right-of-way,
and is waiting 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 council approve the Ocean
Avenue Outdoor Dining standards and authorize the City Manager to
negotiate and execute license agreements wi th restaurant
operators applying for outdoor dining on Ocean Avenue consistent
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with the Standards.
Prepared by: Darrell J. George, Manager
Economic Development Division
Ruta Skirius, Senior Administrative Analyst
Economic Development Division
Attachments: Ocean Avenue Dining standards
Status Report on Dining Agreements
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