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SR-400-005-04 (2) 4"ctJ -- OCJ5' --ct./ q-D CDD:EDD:BS:DG:RS:ph.ccoutdin.word.edd 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 - 1 - JIJN ') 109' .;;, 'w L 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. - 2 - 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 - 3 - 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 - 4 - 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 - 5 -