SR-400-005-04 (3)
PCD:ADMIN:SF:F:\plan\admin\ccreport\sidewalk dining
Council Meeting: May 20, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce For First Reading an Interim Ordinance To
Waive the Parking Requirements and Allow for Administrative Approval of
Sidewalk Cafes, Consideration of an Amendment to SMMC Section
3.12.170 to Allow Placement of Portable Landscaping and Furniture
Within the Public Right of Way, and Consideration of Outdoor Display of
Merchandise and Portable Signs.
INTRODUCTION
This report recommends that the City Council generally maintain the existing standards
for establishing sidewalk dining and introduce an interim ordinance allowing
administrative approval of sidewalk dining and waiving parking requirements for
sidewalk dining areas not exceeding 200 square feet. This report also provides
information on options for allowing portable landscaping and furniture within the public
right of way and outlines standards for outdoor merchandise display and portable signs
from other jurisdictions.
BACKGROUND
The current economic downturn has been detrimental to a variety of Santa Monica
businesses. Restaurants have been especially impacted by the drop in tourist and
discretionary spending. Since restaurants play a critical role in the vitality of Santa
Monica’s commercial districts, provide an important source of tax revenue, and are
important to the overall health of the local economy, the Council has discussed strategies
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to help restaurants succeed during these difficult economic times through measures such
as increased opportunities for outdoor dining. With the continued sluggishness of the
economy, as well as the approaching summer season when outdoor dining is most
appealing, exploring opportunities to increase outdoor dining is particularly critical.
On February 11, 2003 the City Council directed staff to analyze and develop standards for
sidewalk dining in the public right-of-way and consider regulations allowing portable
landscaping and outdoor furniture to be placed in the public right-of-way. The Council also
asked staff to provide information on standards other cities use related to outdoor display
of merchandise and portable signs.
Currently Santa Monica allows the establishment of sidewalk dining in all commercial
districts and the Residential Visitor Commercial District subject to the approval of a
Performance Standard Permit and either a licensing agreement or a Sidewalk Use Permit.
Along the Promenade, Transit Mall and Ocean Avenue, design guidelines govern the
placement and operation of outdoor dining uses. In other areas, outdoor dining is
permitted subject to the provisions of SMMC 9.04.12.120 (Attachment B) and the Sidewalk
Use Permit Standards (Attachment C). These codes require sidewalk dining to allow for
adequate pedestrian access of eight feet unobstructed access and may be reduced to no
less than four feet under certain circumstances, no alcohol is allowed to be served, and
the permit is renewable every 60 days. The fees for establishing sidewalk dining consist of
$872 for the Performance Standard Permit (PSP) and $1.07 per square foot for each 60
days, or a minimum of $107 each 60 days whichever is greater. The fees related to
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Sidewalk Use Permits, as well as the requirement for renewal of the permits every 60
days, are currently under review.
The permit and approval process in Santa Monica is consistent with most jurisdictions that
allow sidewalk dining (see Attachment D). However, one impediment to establishing
sidewalk dining outside of the Bayside District is the parking requirements. Presently, if a
restaurant expands into a sidewalk area, parking is required for the new area. Although
the required parking typically totals two to three new parking spaces, it is extremely difficult
for existing businesses to provide new off-street parking spaces or alternatively, pursue a
parking variance. The requirement to obtain a Performance Standards Permit has also
been identified as an impediment to sidewalk dining.
Presently the City does not prohibit placement of landscaping or furniture, not offered for
sale, on private property. The City does restrict placement of materials on the public
sidewalk, the placement of tables and carts on the sidewalk and soliciting trade on the
sidewalk according to SMMC 3.12.370, 3.12.375 and 6.32.070 (Attachment E). Under
existing regulations, portable landscaping and private furniture are not permitted on public
sidewalks.
DISCUSSION
Sidewalk Dining
The proposed interim ordinance would eliminate the major impediment to establishing
outdoor dining, the requirement for new parking. It would leave in place the present
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permit standards and minimum pedestrian access along the sidewalk. The waiver of
parking would apply to any outdoor area 200 square feet or less. This figure assumes a
50-foot wide area four feet in depth.
The interim ordinance would also allow for administrative approval of sidewalk dining.
As obtaining a Performance Standards Permit creates uncertainty in the approval
process, the permit requirement may deter restaurants, especially independent
restaurants, from adding sidewalk dining. Allowing administrative approval of sidewalk
dining, subject to Project Design and Development Standards that reflect the current
Performance Standards Permit criteria, may be more conducive to the establishment of
sidewalk dining. Sidewalk Use Permits or License Agreements would continue to be
required. Questions have also been raised regarding the $872 application fee
associated with obtaining a Performance Standards Permit. The application fee
recovers the staff costs associated with reviewing the application and project plans and
preparing a zoning determination. In order to reduce the fees, the City would need to
subsidize processing of sidewalk dining permits. Given the state of the City budget,
such subsidy in not recommended.
Portable Landscaping and Furniture
Presently the placement of landscaping and furniture that is not offered for sale is
permitted outdoors on private property. Should the Council want to authorize placement
of these items within the public right of way, Section 3.12.370 would need to be
amended.
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Staff has concerns about allowing these items in the public right of way for several
reasons. First, placement of any feature in the right of way becomes an enforcement
burden because inevitably the features migrate from the approved location and
eventually impede pedestrian access. Enforcement resources are limited and given
economic realities, enforcement at this level will not possible on any regular basis.
Second, there are no design standards for furniture so plastic chairs to antique sofas
could exist on the sidewalk. Another concern relates to the irrigation runoff damaging
the sidewalk or creating a slipping hazard and, as landscaping grows, it will encroach
further into the sidewalk creating a hazard for pedestrians walking on the sidewalk. A
common complaint is about landscaping encroaching into the sidewalk, thereby making
it difficult for two people to walk side by side. Staff does not recommend placement of
portable landscaping and furniture on the public sidewalk. However, should the Council
wish to permit such items, staff suggests the placement of such features be permitted
subject to the approval of a Sidewalk Use Permit. Placement of the features would
have to maintain the four to eight foot clearances, the permit would have a duration of
60 days, revocable by the Director of Environmental and Public Works Management,
and fees would be the same as other sidewalk permit fees. This permit would enable
verification of the minimum access requirements and the ability to revoke a permit if
there are violations or unsafe conditions.
Outdoor Display of Merchandise and Portable Signs
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Staff examined the standards related to outdoor display of merchandise and portable
signs for thirteen jurisdictions. The results are contained in Attachment C. Fifteen cities
were examined, of which seven cities allowed outdoor display of merchandise on
sidewalks typically in the downtown or special commercial area subject to the review
and approval of either a planning permit or encroachment permit or in some cases, both
types of permits. Of the three Westside cities, West Hollywood and Beverly Hills
prohibit outdoor displays of merchandise and Culver City permits displays in the
Downtown and East Washington District. Of the fifteen jurisdictions, only three permit
portable signs within the right of way. All three of the Westside cities prohibit portable
signs on sidewalks.
BUDGET/FINANCIAL IMPACT
The recommendations in this report do not have any budget or financial impact.
RECOMMENDATION
Staff recommends that the Council retain the existing standards for outdoor dining and
portable landscaping and furniture within the public right-of-way and introduce for first
reading an interim ordinance waiving the parking requirements for sidewalk cafes 200
square feet or less and providing for administrative approval of sidewalk dining.
Prepared by: Suzanne Frick, Director, Planning and Community Development
Andy Agle, Assistant Director, PCD
Craig Perkins, Director, Environmental and Public Works Management
Joan Akins, Administrative Services Manager, EPWM
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Attachment A Proposed Ordinance
Attachment B Performance Standards for Sidewalk Cafes
Attachment C Sidewalk Use Permit Standards
Attachment D Summary of Regulations From Other Cities
Attachment E Existing Santa Monica Regulations
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Attachment A
Proposed Ordinance
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f:\atty\muni\laws\barry\sidewalk dining (3)-1
Council Mtg: May 20, 2003
Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ALLOWING ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES
AND WAIVING THE PARKING REQUIREMENT FOR SIDEWALK CAFES
OF A SPECIFIED SIZE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and declares:
(a) The current economic downturn has significantly impacted the City’s business
community.
(b) Restaurants have been especially hard hit by the drop in tourism and
discretionary spending occasioned by present economic conditions.
(c) Restaurants serve a critical role in the vitality of the City’s commercial
districts, provide an important source of tax revenue, and are essential to the overall
health of the local economy.
(d) Sidewalk dining can be an important component of a restaurant’s operations
since it provides dining opportunities that take advantage of the City’s moderate climate
and enhances the overall ambiance of the City. Sidewalk dining is particularly
attractive during the summer and fall months.
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(e) Currently, the City allows the establishment of sidewalk dining in all
commercial districts and the Residential Visitor Commercial District subject to the
approval of a Performance Standard Permit and either a licensing agreement or a
Sidewalk Use Permit.
(f) Santa Monica Municipal Code Section 9.04.12.120 establishes the general
zoning requirements that govern sidewalk cafes. Specific design guidelines have also
been developed that govern the placement and operation of outdoor dining uses along
the Promenade, Transit Mall and Ocean Avenue.
(g) On February 11, 2003, the City Council directed staff to analyze and develop
standards for sidewalk dining that would increase the opportunities for outdoor dining.
(h) There are two current impediments to establishing sidewalk dining – the
parking requirements that must be met and the need to obtain a Performance
Standards Permit.
(i) Excluding the Bayside District, if a restaurant expands into a sidewalk area,
parking is required for the new area. While this additional parking may only consist of
one or two new parking spaces, it is extremely difficult for existing businesses to locate
this additional parking or obtain a parking variance. Requiring that a performance
standard permit be obtained is unnecessary given the carefully crafted standards that
must be met.
(j) Sidewalk cafes will still need to receive any necessary approval from the City’s
Environment and Public Works Management and Resource Management departments.
(j) The City Council finds and declares that the public health, safety and general
welfare requires adoption of an interim ordinance to waive the parking requirement for
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any outdoor dining area of 200 square feet or less and to allow for administrative
approval of sidewalk dining in order to provide assistance to the City’s restaurants given
the current economic conditions and the critical role that restaurants play in the vitality
of the City’s commercial districts and the overall health of the local economy.
(k) For these reasons, the City's zoning and planning regulations should be
revised as they pertain to sidewalk dining to modify the processing and parking
requirements.
(l) Pending completion of these permanent revisions, in order to protect the
public health, safety, and welfare, it is necessary on an interim basis to change current
development standards as they relate to sidewalk dining.
(m) These interim standards will serve to promote sidewalk dining and assist
restaurants to survive during this difficult economic period.
(n) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should the interim ordinance not be adopted and sidewalk
dining not be allowed consistent with these proposed revisions. Therefore, it is
necessary to establish on an interim basis the following development standards.
SECTION 1. Permit Required for Sidewalk Cafes.
All sidewalk cafes for which an administrative application was deemed complete
on or after May 20, 2003 shall conform to the provisions of this Section:
Applicability.
(a) Sidewalk cafes shall be considered a permitted use in all
commercial districts and the Residential Visitor Commercial District subject to
administrative approval pursuant to Santa Monica Municipal Code Section 9.04.20.28 et
seq. A sidewalk café shall comply with the property development standards set forth in
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this Section and the property development standards for the district in which it is to be
located as set forth in the City’s Zoning Ordinance except to the extent inconsistent with
this Section.
Accessory Use.
(b) A sidewalk café shall be conducted as an accessory use to
a legally established restaurant or other eating and drinking establishment that is
located on a contiguous adjacent parcel.
Design Guidelines.
(c) Sidewalk cafes on the Third Street Promenade shall
comply with the adopted Third Street Promenade Outdoor Dining Standards. Sidewalk
cafes on the Transit Mall shall comply with the adopted Outdoor Dining Standards for
Santa Monica Boulevard and Broadway. Sidewalk cafes on Ocean Avenue shall
comply with the adopted Outdoor Dining Standards for Ocean Avenue.
Barriers.
(d) If barriers are provided, they shall be in the manner required by the
City including any applicable design guideline.
Enclosure.
(e) Awnings or umbrellas may be used in conjunction with a sidewalk
café, but there shall be no permanent roof or shelter over the sidewalk café area.
Awnings shall be adequately secured, retractable, and shall comply with the provisions
of the Uniform Building Code adopted by the City and any applicable design guideline.
Fixtures.
(f) The furnishings of the interior of the sidewalk café shall consist only
of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed
onto the exterior front of the principal building. Fixtures shall also comply with any
applicable design guideline.
Refuse Storage Area.
(g) No structure or enclosure to accommodate the
storage of trash or garbage shall be erected or placed on, adjacent to, or separate from
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the sidewalk café on the public sidewalk or right-of-way. Sidewalk cafes shall remain
clear of litter at all times.
Hours of Operation.
(h) The hours of operation of the sidewalk café shall be
limited to the hours of operation of the associated restaurant or other eating and
drinking establishment.
Parking.
(i) Sidewalk cafes that do not exceed two hundred square feet in area
shall not be required to provide any additional parking. Sidewalk cafes that exceed that
amount shall comply with parking requirements established in Santa Monica Municipal
Code Section 9.04.10.08.040.
SECTION 2. This Ordinance shall apply to any administrative application for a
sidewalk café deemed complete after May 20, 2003.
SECTION 3. This Ordinance shall be of no further force or effect forty five days
from the date of its adoption unless prior to that date, after a public hearing, noticed
pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by
majority vote, extends this interim ordinance.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
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SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective upon its adoption.
APPROVED AS TO FORM:
____________________________
MARSHA JONES MOUTRIE
City Attorney
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Attachment B
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ATTACHMENT B
Section 9.04.12.120 Sidewalk cafes.
The purpose of this Section is to permit sidewalk cafes that enhance the
pedestrian ambiance of the City and to ensure that they do not adversely impact
adjacent properties and surrounding neighborhoods consistent with the goals,
objectives and policies of the General Plan. The following special conditions shall
apply to sidewalk cafes:
.
Sidewalk cafes may be permitted in all commercial
(a) Applicability
districts only with approval of a performance standards permit. A sidewalk
cafe shall comply with the property development standards for the district
in which it is to be located and with this Section. The provisions of this
Section shall apply to all new sidewalk cafes and to all existing sidewalk
cafes at such a time as the sidewalk cafe is expanded or enlarged.
Accessory Use.
A sidewalk cafe shall be conducted as an accessory
(b)
use to a legally established restaurant or other eating and drinking
establishment that is located on a contiguous adjacent parcel.
License Agreement.
A license agreement shall be approved in a
(c)
form required by the City. Sidewalk cafes on the Third Street Mall shall
comply with the adopted Outdoor Dining Guidelines for the Third Street
Mall Specific Plan area.
Barriers.
If barriers are provided, they shall be in the manner
(d)
required by the City. Sidewalk cafes on the Third Street Mall shall comply
with the adopted Outdoor Dining Guidelines for the Third Street Mall
Specific Plan area.
Enclosure.
Awnings or umbrellas may be used in conjunction with
(e)
a sidewalk cafe, but there shall be no permanent roof or shelter over the
sidewalk cafe area. Awnings shall be adequately secured, retractable, and
shall comply with the provisions of the Uniform Building Code adopted by
the City. Sidewalk cafes on the Third Street Mall shall comply with the
adopted Outdoor Dining Guidelines for the Third Street Mall Specific Plan
area.
Fixtures.
The furnishings of the interior of the sidewalk cafe shall
(f)
consist only of movable tables, chairs and umbrellas. Lighting fixtures may
be permanently affixed onto the exterior front of the principal building.
Sidewalk cafes on the Third Street Mall shall comply with the adopted
Outdoor Dining guidelines for the Third Street Mall Specific Plan area.
Refuse Storage Area.
No structure or enclosure to accommodate
(g)
the storage of trash or garbage shall be erected or placed on, adjacent to,
or separate from the sidewalk cafe on the public sidewalk or right-of-way.
Sidewalk cafes shall remain clear of litter at all times.
Hours of Operation.
The hours of operation of the sidewalk cafe
(h)
shall be limited to the hours of operation of the associated restaurant or
other eating and drinking establishment. (Prior code § 9050.12)
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Attachment C
Existing Sidewalk Use Permit Information
Available from EPWM Administration
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Attachment D
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Attachment D
Summary of City Regulations on Outdoor Dining
And Displays
Beverly Hills
Dining
Dining Plan approved by the City Council
Dining with no more than two tables and serve no more than 8 persons may be approved by the
Director of Planning
5 foot pedestrian clearance required
Parking required however upon request, City Council may establish different parking
requirements.
May not be located within 170 feet of residential zones
Displays
Sidewalk Displays prohibited
Portable sings prohibited
City of Brentwood
Dining
Only allowed in central business district
Permit required
4-foot minimum pedestrian clearance
No additional parking required
One portable sign allowed
Permit initially valid for one year, applicant may ask for unlimited term permit
Displays
Only allowed in central business district
Permit required
4-foot minimum pedestrian clearance
Permit initially valid for one year, applicant may ask for unlimited term permit
Portable signs prohibited
City of Campbell
Dining
Permitted in downtown area only
Permit required
4-foot wide pedestrian access required
Nothing placed within two feet of curb
Seven foot vertical clearance for umbrellas
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Displays
Permitted in downtown area only
Permit required
Limited to 50% of building frontage
City established standards for displays
Displays no more than four feet in height
Portable signs prohibited
Culver City
Dining
Permitted in Downtown and East Washington District
Parking required for any area over 125 square feet
License Agreement required
Displays
Permitted in Downtown and East Washington District only
Permit required
Portable signs prohibited
El Segundo
Dining
Permitted
48-inch wide clearance required
Vertical height clearance for any element, eight feet
CUP required except where dining comprises 20% or less of the total dining area, but not
exceeding 200 square feet
Permit required from Chief of Police, Street Superintendent or the City Council
Parking required for outdoor dining 1/75
Displays
Outdoor display of merchandise is prohibited except if associated with area sidewalk sale
Portable A frame signs are permitted in the downtown provided each side does not exceed four
square feet and an encroachment permit is granted.
Glendale
Dining
Limited to Pedestrian Retail District
Performance Standard Permit and Annual Encroachment Permit required
6-foot minimum pedestrian clearance required
Display
Outdoor displays permitted in five commercial districts
Performance standard permit and encroachment permit required
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Can’t interfere with pedestrian access
Portable signs prohibited
Hermosa Beach
Dining
CUP and Encroachment Permit required except lower Pier Avenue, no CUP required
Permit fees and license fee required
Decision can be appealed
Renewable application
5 foot required access for pedestrians, more might be required to assure access
Not permitted within five feet of the corner of a building, driveway or alley
With consent of adjacent business owner, dining area may be located on the next-door property
Eight foot vertical clearance for umbrellas
Displays
Outdoor display associated with temporary outdoor event permitted
Portable signs prohibited
Manhattan Beach
Dining
Permitted only if it does not reduce in any way existing pedestrian or vehicle access along paved
or improved portion of sidewalks
Encroachment Permit required
Decision can be appealed
Displays
Performance standard permit required
Permitted on private property, can’t occupy more than 50% of frontage
Nurseries and vehicle/equipment sales and rentals exempt
Portable signs prohibited
Newport Beach
Dining
Only authorized if area does not exceed 25% of existing interior area or 1,00 square feet
whichever is less
Can’t result in reduction of existing parking
6 foot pedestrian clearance required, eight feet may be required if heavy pedestrian area
Ten foot setback from corner of building, five feet from alley or driveway, may be modified at
discretion of staff
Umbrellas must be seven feet above sidewalk
Encroachment Permit and Planning Permit Required
Notice required prior to permit approval except if area is not within 300 feet of residential area
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Display
Outdoor displays and portable signs prohibited
Palo Alto
Dining
Allowed by permit in limited areas
Can’t impede access from vehicles to adjacent sidewalk
8-foot wide sidewalk clearance, ten feet from corner curb and crosswalks
Encroachment permit and design review required
Fee required
Outdoor displays
Flower and plant shops only
Portable signs permitted
Can’t impede access from vehicles to adjacent sidewalk
8-foot wide sidewalk clearance, ten feet from corner curb and crosswalks
Encroachment permit and design review required
Pasadena
Dining
Permit required with plans
Notice required and if protest occurs, hearing required
5 feet minimum unobstructed passage
Minimum width of sidewalk to be occupied is ten feet
Not permitted within 20 feet of an intersection or 10 feet of driveway, alley
Awnings allowed
Annual report required with annual fee
Does not trigger zoning requirements
Outdoor display
Outdoor displays and portable signs prohibited
Redlands
Dining
Encroachment permit required
Minimum six-foot clearance required
Setback from corner five feet
Annual permit
Display
Outdoor displays permitted
Encroachment permit required
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Minimum 6-foot clearance
Setback 5 feet from a corner
Annual permit renewal
Portable signs permitted in downtown only
Application required, reviewed by downtown/resident business association and recommendation
forwarded to City for action.
Encroachment permit required
San Diego
Dining
Permitted in specified commercial districts
Parking not required for outdoor dining except if use is in Coastal Zone, parking is required
License agreement required
Displays
Outdoor displays prohibited unless part of sidewalk sale
Portable signs prohibited
San Francisco
Dining
Tables and chairs permitted in front of business
6-foot wide clearance
Permit required, notice issued before permit is issued, if objections, public hearing scheduled.
Decisions can be appealed
Violations--$100.00 for first offense, 200.00 for second, 300.00 for third, revocation if more than
3 violations in one year.
Displays
Sidewalk displays permitted only in front of business
6-foot clearance for pedestrian access
Required dimensions for displays, not encroach more than 2 feet or 25% of the width of the
sidewalk in front of the building whichever is less
Permit and fees required
Portable signs prohibited
West Hollywood
Dining
Sidewalk dining permitted subject to approval of an encroachment permit
Plan required to be submitted for review and approval
Parking waived for areas 250 square feet or less
4- foot wide clearance required
Design and operational standards identified in Municipal Code
Annual permit renewable each year
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Fee required
Displays
Outdoor displays and portable signs are prohibited
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Attachment E
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ATTACHMENT E
EXISTING SANTA MONICA REGULATIONS
3.12.370 Leaving or placing property or materials on sidewalks
and streets.
No person shall leave any property, material, or other item
unattended upon any public sidewalk, street, or right-of-way for a longer
period of time than ten minutes or place any property, material, or other
item upon any public sidewalk so that less than a four-foot contiguous
sidewalk width is kept clear for pedestrian passage at all times.
Section 3.12.375 Sidewalk obstruction.
No person shall place any device on a public sidewalk for
displaying or distributing goods, written materials, merchandise, food, or
any other item except a portable table or cart which is utilized in
accordance with the following criteria:
(a) The table or cart shall be located:
(1) At least ten feet from the outer edge of any entrance of any
business, including, but not limited to doors; vestibules; driveways;
outdoor dining area entries; and emergency exits, during the hours that
any business on the premises is open to the public or to persons having or
conducting lawful business on those premises;
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(2) At least ten feet from any bus stop;
(3) At least ten feet from any street corner or a marked pedestrian
crosswalk;
(4) So that a curb cut is not blocked or obstructed.
(b) The table or cart shall not be larger than four feet in width by
four feet in length by three feet in height.
(c) No structures shall be attached to the table or cart. No other
structure may be used to display the items. The display area, including the
table or cart, shall be maintained in a neat and presentable manner. None
of the items shall be displayed in an area other than upon the table or cart,
including, but not limited to, in display racks on the sidewalks or in the
hanging of the items from a building or fence or other structure. Any boxes
or accessory items shall be stored entirely beneath the table or cart and
shall not be stored or piled alongside of, behind, or in front of the table or
cart. The items may be stacked on the table or cart, provided that each
stack shall not exceed the height of twelve inches. Signs may be attached
to the side of or on top of the table or cart. No signs may extend higher
than the top of the table or cart and no signs may be affixed to City
facilities. The site shall be kept clean and all rubbish shall be deposited in
proper receptacles regularly during the day and prior to departing the site
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each day. Two chairs may be also be utilized. The chairs may be placed
behind or next to (but not in front of) the table or cart.
(d) No person shall utilize sandwich board signs ("A" frames),
canopies, freestanding umbrellas, tents, and similar coverings unless such
use is authorized by a street use permit, license, or other City-issued
authorization.
(e) The table, cart, and all the person’s other items shall be capable
of being transported or removed at one time.
(f) This Section shall not apply to vendors regulated by Chapter 6.36.
Section 6.32.070 Soliciting trade on sidewalk.
Except as otherwise permitted by law, no person engaged in business in
the City where goods, wares or merchandise is sold or services are rendered or
offered shall use any portion of the sidewalk or street in front of or adjacent to the
business, for the purpose of soliciting, requesting or enticing any other person to
enter said place of business to examine, purchase or bargain for any goods,
wares, merchandise or services or to give any order therefor.
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