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SR-410-001-05 (11) e .- ~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 1 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. 2 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 3 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, 4 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 5 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. 6 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 7 Attachment A f). ~ 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. SANTA MONICA BLVD ----------""" c ,!2 'S; ns ll. 'E ns ns ~Q) ~ ... :;,<( o () <( C o ....... ro L.. ....... 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PLA_l'J.l.::.l{ B..A.RRIERS Illustration I