SR-410-001-05 (11)
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~CitYOf
Santa Moniea~
City Council Report
City Council Meeting: April 25, 2006
Agenda Item: -SA
To:
Mayor and City Council
From:
Andy Agle, Interim Director, Planning and Community Development
Subject:
Amendment to the Third Street Promenade Outdoor Dining Standards to
Expand Allowable Outdoor Dining Areas
Recommended Action
It is recommended that the City Council approve the proposed amendment to the Third
Street Promenade Outdoor Dining Standards (Attachment A), which include the
following expanded allowable outdoor dining areas:
. Pavilion sidewalk dining: this would allow dining on the raised sidewalk areas
surrounding a dining facility located in the north and south pavilion buildings.
. Center court dining: this would allow dining in the three center courtyard areas
between the raised planters
. Sidewalk edge dining: this would allow dining at the edge of the sidewalk rather
than adjacent to the storefronts.
Executive Summary
The proposed amendments to the Third Street Promenade Outdoor Dining Standards
expand outdoor dining opportunities in the three block area of the Promenade. The
changes were viewed by the Promenade Uses Task Force as a way to foster a strong
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restaurant presence and maintain a balance of uses on the Third Street Promenade. In
addition to the current sidewalk dining adjacent to eating establishments, eating
establishment could apply for outdoor dining on the center pavilion sidewalk areas,
within the center-court and side-court areas, and on the edge of the sidewalk as an
alternative to abutting the eating establishment. The amended Standards define the
allowed areas and the conditions for approving outdoor dining applications.
Discussion
Backqround
The Promenade Uses Task Force was established by City Council to address the
changing mix of uses on the Third Street Promenade. Exploring ways to maintain a
vibrant dining presence was a primary focus of the Task Force, since dining was viewed
as key to continued vitality of the Promenade. The Task Force began meeting in May
2002 and met regularly through March 2004. The Task Force developed
recommendations to allow outdoor dining opportunities to be expanded to encompass
non-contiguous areas, including the outside edges of the sidewalks and the three center
courts of the Promenade, in addition to the area currently permitted within the first 12
feet of any storefront. Subsequently, the sidewalk area surrounding the two center
pavilion islands was added as a suggested allowable area. An overarching
consideration was that providing the opportunity for restaurants to expand the outdoor
cafe areas would enhance the mixed-use ambience of the Promenade, help amortize
the high rents for Promenade storefront space, and perhaps even provide opportunities
for establishments that were not located directly on the promenade.
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Previous Council Actions
On June 10, 2003, the City Council reviewed the recommendations of the Promenade
Uses Task Force, indicated general concurrence and directed staff to return with a work
program for implementation of the Task Force Recommendations. After several interim
discussions, the City Council adopted, on February 22, 2005, a number of legislative
amendments, including a revision to the Bayside District Specific Plan Policy 4.1.28 to
allow for expanded outdoor dining areas. The staff report stated that following the
adoption of the amendment, staff would return to Council with amendments to the Third
Street Promenade Outdoor Dining Standards to reflect the expanded outdoor dining
areas.
Potential Allowable Areas
Considerations associated with each potential non-contiguous dining area are
discussed below.
. Pavilion sidewalk dining: This would allow dining on the raised sidewalk areas
surrounding the pavilion buildings. Currently outdoor dining occurs informally at the
end of the north pavilion and if such a use is desirable, it should comply with the
identified dining standards. The proposed Standards would require a barrier railing
along the straight edge portion of the island to prevent chairs or tables from slipping
of the edge, since the area is narrow. Formalizing the area for outdoor dining would
make it possible for a dining establishment to serve alcohol, as long as all the other
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requirements are met, including provision of barriers. Currently the recommended
licensee for space in the north pavilion is interested in serving a full complement of
French menu items, including wine and cheese, but only if outdoor dining is allowed.
. Center court dining: Another" untapped opportunity is to allow dining in the three
center courtyard areas between the raised planters that contain the dinosaur
statues. Currently vendor carts are programmed in the Center Court area and street
performers or special events are occasionally programmed for any of the areas. The
Bayside District Corporation (Bayside) manages programming of the areas and
restaurant use of the space would also be managed by Bayside. Restaurant use
would require a license agreement from the City, the same as any other outdoor
dining area. It is envisioned that the space would be made available to restaurants
in the surrounding area on a short-term and rotating basis. There would likely be
periods where the space would be reserved for other purposes, such as the annual
Holiday display or other special events.
Bayside could try a demonstration program prior to establishing a program, if
desirable. This would allow some of the details to be worked out. One practical
issue is the provision of the dining furniture and barriers. If the space were to be
rotated to different dining establishments and also restricted from dining use during
certain times during the year, it would probably make more sense for the City or
Bayside to provide the dining furniture and barriers, rather than anyone
establishment. If this were desirable, a budget would need to be established,
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possibly that could be reimbursed through the license agreements. Details about
controlling the cross-traffic access to the space would need to be worked out.
· Sidewalk edge dining: The Task Force heard from experts and explored examples
from other locales about making and maintaining great public spaces. One of the
suggestions that came from this comprehensive review was to consider allowing
dining at the edge of the sidewalk rather than adjacent to the storefronts. A case
was made that restaurant-contiguous outdoor dining areas tend to disrupt the
pedestrian along the Promenade and discourage pedestrians from approaching the
storefronts adjacent to the dining areas.
The Third Street Promenade Dining Standards currently specify the process and
conditions for approving and enforcing outdoor dining areas. The new areas would add
additional locations to the section of the Standards entitled "Eligible Sites" as indicated
in Attachment A. All the other conditions would remain in force, including the
requirement to maintain a minimum of an 8-foot obstruction free zone and complying
with accessibility requirements within the dining areas.
Alternatives
Council could decide on each of the recommended areas individually or could decide
not to expand any of the outdoor areas. Council could also specify additional conditions
that would need to be met. If Council decides not to allow dining around the pavilion
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buildings, then the Resource Management Department may have to distribute another
Request for Proposal to seek a licensee for the north pavilion space.
Regarding the proposed use of the center court and sidewalk edge areas, the City
Attorney has warned that dedicating the existing public areas to private use poses
significant legal risks. The First Amendment has been interpreted to preclude
privatizing areas in public streets which are utilized for expressive activities.
Additionally, the City Attorney notes that the current time, place and manner restrictions
applicable to street performance and other protected activities is based on the City
Council's past determination that the restrictions are necessary to preserve the safe and
orderly flow of pedestrian traffic and emergency ingress and egress. Actions antithetic
to this determination, may jeopardize that regulatory scheme.
Environmental Analysis
The proposed amendment to standards are exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State
Implementation Guidelines in that CEQA only applies to projects having the potential to
cause a significant effect on the environment. The proposed amendment does not
have this potential as it does not change the permitted uses in the subject district and
does not change the development standards or amount of development that can occur
in the district.
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Public Outreach
Public outreach occurred as part of the Third Street Promenade Uses Task Force
process. Each meeting was publicly noticed and a community workshop was held to
encourage community input.
Budget/Financial Impact
The recommendation presented in this report does not have any budget or financial
impact.
Prepared by: Ellen Gelbard, Deputy Director, Planning and Community Development
Approved:
Forwarded to Council:
Andy Agle
Interim Director, Planning and Community
Development
Attachment A: Outdoor Dining Standards for Third Street Promenade
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Attachment A
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City of
Santa MonieaSM
DRAFT
CITY OF SANTA MONICA
OUTDOOR DINING STANDARDS
FOR
THIRD STREET PROMENADE
PURPOSE
The purpose of this document is to establish standards for outdoor dining on the Third
Street Promenade. These standards are developed to ensure that the space used for
outdoor dining will, at all times, serve a public purpose and allow for adequate pedestrian
circulation. The overall objective of outdoor dining is to create an attractive visual
relationship between diners and pedestrians.
These standards are also developed to assist applicants with the design and management
of their outdoor dining areas and should not be construed as government agency
requirements for starting a new business, or expanding an existing business to provide
new services. Business owners must secure the appropriate licenses and permits from the
Alcoholic Beverage Control Board, City of Santa Monica, Building and Safety Division,
Planning and Zoning Division, Finance Department (Business License) and the Resource
Management- Economic Development Division ("RMD-EDD").
NOTE: Installation or construction of Outdoor Dining enclosures may not begin
until an "Outdoor Dining License Agreement" is signed by the City Manager.
ELIGIBLE USES
1. Establishments located in the Bayside District which provide take out food
service, specialty food service (e.g., cookies, ice cream) and full menu food
services are eligible.
2. Establishments that serve alcoholic beverages in their outdoor dining area are
required to meet the additional specific standards outlined in this document
for the alcohol service as well as all other applicable state and local
requirements.
3. Outdoor Dining areas must be designated for combined food and beverage
service. Food must be purchased in order to be served alcohol. All
restaurants are required to post appropriate signage or print on the menu:
"Food purchase is required in all outdoor dining areas. Alcohol may not be
served without food".
4. Temporary, mobile or free-standing food service providers are not eligible
under these standards.
ELIGIBLE SITES AND CONFIGURATION
1. The area covered by these standards is restricted to the Bayside District Area
consisting of the three blocks of the Third Street Promenade, between Wilshire
Boulevard on the north and Broadway on the south. (Illustrations A, B and C).
2. Sidewalk Dinin!! Adiacent to BuUdin!!: The allowable dining zone ranges
between 6 and 12 feet from the building edge. with the maximum width
determined by accommodation of an adjacent minimum eight-foot obstruction
free pedestrian zone that contains no street furniture or appurtenances such as
trees. benches or light poles. Examples of allowable building-edge dining zones
are shown in Illustrations D and E.
3. Center Pavilion Sidewalk Dinin!!: The pavilion sidewalk area is allowable if
contiguous with the food establishment. A barrier is required if the dining area
extends to the 6-foot straight-away beyond the curved end-plaza. as indicted in
Illustration F. or as required if alcohol is served.
4. Center Court/Courtyard Dinin!!: The allowable dining zones are centered
between raised planter/statuary areas and the roadway. as indicated in Illustrations
A. Band C. The maximum area available in the Center Court is twenty-four feet
by twenty-four feet. the north-end and south-end Courtyards each contain a
maximum area of sixteen feet by sixteen feet. Barriers are required to ensure that
the area is contained and the street remains free of obstructions.
5. Sidewalk Dinin!! at Sidewalk Ed!!e: The allowable dining zone ranges between
6 and 12 feet from the curb edge. with the maximum width determined by
accommodation of an adjacent minimum eight-foot obstruction free pedestrian
zone that contains no street furniture or appurtenances such as trees. benches or
light poles. A barrier is required adjacent to the sidewalk to ensure that tables or
chairs do not fall off. Examples of allowable edge dinin?: zones are also shown in
Illustrations D and E.
6. The layout of outdoor dining areas shall be in conformance with Illustrations .E
and G, as applicable.
7. An obstruction free, clear sidewalk area for pedestrian traffic passing through the
Promenade is required. Dining areas shall not be permitted in areas where less
than an 8 foot obstruction free pedestrian area exists between outside the cafe area
and any obstructions such as street, trees, newsstands, bus benches, or the curb
line. Dining areas shall not be permitted within 15 feet of the curb line at both
ends of each block.
8. The elevation of the outdoor sidewalk dining areas shall be the same elevation as
the sidewalk; platforms are not permitted.
9. Dining areas shall be required to maintain building egress as defined by the
Uniform Building Code.
10. 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. (see Illustration H.).
11. The size and scale of the dining area shall be compact to suggest intimacy and
should promote a visual relationship to the Promenade, as approved by the Santa
Monica Architectural Review Board.
DESIGN STANDARDS
1. Barriers are to designate outdoor dining areas. Barriers must be removable, that is
not removed each evening, but capable of being removed by the action of a single
individual, if needed, as by use of recessed sleeves and posts, or by wheels which
can be locked into place (see Illustration H).
NOTE: Any modification to public surfaces, such as borings for recessed
sleeves or post holes, must be approved by the Department of Environmental
and Public Works Management.
2. All barriers must be able to withstand inclement outdoor weather and one hundred
(100) pounds of horizontal force at the top of the barricade when in their fixed
positions.
3. The height of any barrier shall not exceed three (3) feet, or 3' 6", including the top
of any landscaping.
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, except as
noted for Pavilion Sidewalk Dining (#3 under Eligible Sites). Such tables shall be
limited to a dimension of 24" X 30". The outdoor dining furniture must be
approved first in writing by the Planning Division. The rental rate for outdoor
dining in this configuration shall be based on an area that is six (6) foot depth and
the width of the building, less width of the entrance walkway. For the sight
impaired, either potted plants (4' to 5' in height) situated at each far corner of the
outdoor dining area, or a color/texture inset in the cement along the border of the
dining area is required.
5. The use of retractable awnings for Dining Adiacent to Building (#1 under Eligible
Sites) or removable umbrellas is encouraged provided that they maintain at least
eight (8) feet and seven (7) feet, respectively, of clearance above the sidewalk
level (above street level for Center Court/Courtyard Dining, #3 under Eligible
Sites) and do not exceed fifteen (15) feet in height. Awnings may extend 6 feet
from the building front and may not cover more than 50% of the outdoor dining
area, whichever is less.
Awnings must be regularly maintained and cleaned in accordance with the City's
water conservation policies, (bucket and brush method).
Commercial and product logos are not permitted on awnings, umbrellas or in any
other outdoor display; restaurant logos must be approved in writing by the
Architectural Review Board.
6. Lighting shall be incorporated into the fa9ade of the building, and shall
complement the style of the building. Lights on buildings shall not be glaring to
pedestrians on the Promenade, and should illuminate only the outdoor eating area.
(General illumination should be at five footcandles, with a maximum of ten
footcandles.) Table lamps or candles are encouraged. Wired electrical fixt~res
will be allowed outside the face of the building if contained within the barrier and
installed by a licensed electrician. An electrical permit must be obtained from the
Building and Safety Division to install outdoor lighting.
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 fa9ade and the quality of the
Third Street Promenade fixtures.
8. Barriers utilizing any type of stretched canvas material must be strung through
eye hooks.
9. No signs are permitted in the outdoor dining area with the exception of an
identification or menu sign. The sign must be approved by the Architectural
Review Board in accordance with the standards of this document. Product names
may not appear in these areas.
10. A landscape maintenance program shall be submitted with the outdoor dining
application. Once approved by the Architectural Review Board, landscaping must
be properly maintained. Water drainage onto the Promenade shall not be allowed
and stressed or dying landscape must be promptly replaced. Potted plants must
have a saucer or other suitable system to retain seepage and be elevated to allow
for air flow of at least 2" (two inches) between saucer and sidewalk.
11. At the termination of the License Agreement, the outdoor dining barriers must be
removed and the sidewalk returned to its original condition.
12. All outdoor dining sites must be handicapped accessible.
13. Any modification to the approved plans must be approved by the Architectural
Review Board and all City and State agencies as applicable prior to the initial
construction or implementation of any modification and must comply with
applicable guidelines, then in effect.
OPERATIONAL STANDARDS
I. Restaurant management is responsible for running and operating the outdoor
dining area.
2. Outdoor dining patios are for sit-down food and beverage service only; no
stand up service is permitted.
3. When the establishment's kitchen closes, further seating in the outdoor dining
area is prohibited. The outdoor dining area must close when those patrons
already seated in the outdoor area leave.
4. Unruly behavior is not permitted in the outdoor dining area.
5. All establishments serving alcohol shall participate in a designated driver
program and maintain a working relationship with a taxi service for the safety
of their customers. Establishments are encouraged to provide specials on non-
alcoholic beverages to designated drivers. It is mandatory that the
establishment serving alcohol in the outdoor dining area send its food servers
and bartenders to a minimum of one class per year, organized by any
authorized association, and offered by one of the following agencies: Alcohol
Beverage Control Board (alcohol training), the California Highway Patrol
(designated driver program), or the Santa Monica Police Department.
6. Outdoor dining areas, including flooring, must remain clean of litter, food
scraps, and soiled dishes at all times. Where eating establishments provide
self-service 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. Concrete flooring must be washed daily. Trash receptacles
must be provided inside the building.
7. At the end of the business day establishments are required to clean (sweep and
mop) the area in and around the outdoor dining area.
8. If disposable utensils are used, the establishment must comply with all
applicable recycling programs.
9. The latest hour for serving alcoholic beverages in the outdoor dining area is
11 :30 P.M. (food service may continue), or no later than the closing of the
associated food service of the establishment, whichever is first. All alcoholic
beverages must be removed from the outdoor dining area no later than 12:00
midnight.
10. Outdoor dining areas shall be continuously supervised by management or
employees of the establishment. Food establishments serving alcoholic
beverages must have a supervisor on site at all times. Behavior that disturbs
customers or passerbys on the Promenade will not be tolerated and constitutes
a violation of these standards.
11. All plans and permits for the outdoor dining area approved by the City must
be kept on the premises for inspection at all times the establishment is open
for business.
12. Outdoor dining areas shall be operated in a manner that meets all requirements
of the Health Department of Los Angeles County and any other applicable
regulations.
13. Unamplified musical instruments or sound reproduction systems are permitted
in outdoor eating areas, but shall be maintained at sufficiently low volumes so
as not to unduly intrude on neighboring businesses or exceed limits set by the
City's Noise Ordinance.
14. All provisions of the License Agreement, and any future adopted city-wide
alcohol policy, must be complied with at all times.
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