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SR-410-008 (8) Council Mtg: July 24, 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Approve Outdoor Dining Standards for Santa Monica Boulevard and Broadway Avenue in Conjunction with the Downtown Transit Mall Improvements INTRODUCTION This report recommends that the City Council approve Outdoor Dining Standards for the Downtown Transit Mall. The standards will allow outdoor dining on both sides of Santa Monica Boulevard and Broadway Avenue between Ocean Avenue and 5th Street in conjunction with the Transit Mall. BACKGROUND Sidewalk dining is identified as a component of the Downtown Transit Mall in both the Downtown Urban Design Plan, approved by Council on July 22, 1997, and the subsequent Downtown Transit Mall preliminary design, approved by Council on August 17, 1999. Construction of the Downtown Transit Mall commenced in April 2001, and the project will be completed in approximately fourteen months. Sidewalk dining standards must be adopted by the City to enable the City to review applicant requests for outdoor dining along Santa Monica Boulevard and Broadway within the Transit Mall project area. 1 The Architectural Review Board (ARB) held a public hearing and reviewed the draft standards on June 4, 2001. The Planning Commission held a public hearing and reviewed the draft on July 11, 2001. The comments of both the ARB and the Planning Commission are summarized in this report. DISCUSSION Outdoor dining along the Transit Mall can co-exist with pedestrian use of sidewalks. The dining can enhance the pedestrian experience rather than detract from it. The proposed standards are a compromise, allowing businesses to have outdoor dining yet protecting the path and flow of pedestrian and transit users on the street. The standards are patterned after those adopted by Council for the Third Street Promenade (July 1991) and Ocean Avenue (June 1992), and tailored to the specifics requirements for Santa Monica Boulevard and Broadway established in the Downtown Urban Design Plan and the Downtown Transit Mall design plans. Transitory features that have been requested at the Architectural Review Board, such as umbrellas and stand alone heaters, will require vigilant enforcement to protect pedestrian access. Should these features be allowed, additional enforcement resources will be required to ensure compliance with the regulations. The proposed standards should not cause a significant demand on enforcement resources. The following outlines the designated dining areas: Santa Monica Boulevard: A maximum 6-foot wide dining area fronting a restaurant establishment will be allowed on either side of Santa Monica Boulevard from Ocean Avenue to 5th Street. The remaining 13 feet of the 19-foot sidewalks in this section of the Transit Mall are dedicated to a 6-foot pedestrian zone and a 7-foot furniture/transit zone. 2 Broadway: A maximum 6-foot wide dining area on the north side of Broadway between Ocean Avenue and 5th Street is allowed as long as the minimum six-foot pedestrian zone/clearance area is maintained between the street furniture and the dining area. Since the sidewalks are narrower than Santa Monica Boulevard, there may be areas where the location of a 7-foot transit zone will preclude establishment of an outdoor dining area. The possible dining area on Santa Monica Boulevard and Broadway is much narrower than the outdoor dining area space on the Third Street Promenade and Ocean Avenue, and the standards are written to accommodate these differences. Specifically, the proposed standards allow permanent or retractable awnings but not umbrellas, since umbrellas will likely encroach into the pedestrian area. Because umbrellas are movable and enforcement resources are limited, it will be difficult to maintain a clear unobstructed pedestrian path. If umbrellas are allowed, the pedestrian zone will be reduced by the width of the umbrella. The proposed standards reflect the outdoor dining standards for the Promenade and preclude the use of windscreens. The purpose of outdoor dining is to enhance the street environment by allowing interaction between pedestrians and diners. The use of windscreens defeats this objective. Windscreens create an enclosed area acting as a barrier between pedestrians and diners. The sidewalk of the Transit Mall is unique, consisting of varying colors of textured concrete interspersed with public art elements. The surface is very different from the sidewalks along Ocean Avenue and the Promenade. In order to protect the sidewalk surface, the standards prohibit permanent alteration such as borings, recessed sleeves or post-holes. These kinds of alterations will cause irreparable damage. As a result of these conditions, dining barriers 3 must be removable by use of wheels. This is consistent with the options allowed under the Promenade dining standards. Architectural Review Board (ARB) Comments At the June 4, 2001 ARB meeting two members of the public, the Executive Director of the Bayside District and a Transit Mall restaurateur, requested modifications to the standards, including allowance for umbrellas, barriers without wheels, low-level amplified music, and some type of wind barriers with a height of more than 36 inches. After deliberation, the ARB requested staff to forward the following concerns to the Planning Commission: Umbrellas should be included as an option The Board believed that umbrellas as well as awnings should be permitted to allow more options for business owners to provide shade in the outdoor dining areas. The Board noted shaded area could not be provide in circumstances where an awning could not be attached to a building due to features of the building’s façade. The Board suggested that, although the six-foot depth was limited, custom-designed umbrellas could fit within the dining area to provide a necessary option for some businesses. Staff Response: The standards allow for the installation of permanent awnings as a sun screen. The 6 foot dining area is narrow, and unless there is consistent enforcement, umbrellas will encroach into the public sidewalk impacting the pedestrian experience. The awnings provide a viable alternative and don’t pose an unrealistic demand on enforcement resources. ? Heaters should be considered as an option The Board agreed that heaters would be essential for the comfort of outdoor diners, particularly in the evening hours. Boardmembers suggested that there could be heaters fixed to the building or stanchion or pedestal type heaters provided that were acceptable to the Fire Department and subject to approval of ARB. Staff Response: Staff supports installation of heaters fixed to the building. Pedestal type heaters pose the same difficulties as umbrellas. The transitory nature of free standing heaters will infringe on pedestrian access and require proactive enforcement. 4 ? The movable barriers will be problematic Several Boardmembers expressed concern regarding the moveable barriers. While the Board understood that the paving was specially designed, they also felt that a more permanent, defined outdoor area was needed. The Board had safety concerns regarding the wheeled barriers and also believed that the seating area could easily increase depending on where the wheeled barriers were relocated. The Board did not want to create potential future enforcement issues. Staff Response: Presently the Outdoor Dining Guidelines for the Promenade identify barriers that are not attached to the sidewalk. This form of barrier is feasible and safe. Unlike the Promenade and Ocean Avenue, the sidewalk surface of the Transit Mall is a custom designed decorative element incorporating unique art within the pavement. Borings, drillings or other permanent attachments will irreparably damage the sidewalk and the artwork. As a means to address this issue, the City is working with Amphion, the Transit Mall designer, to develop a standard barrier design. This standard design would be pre-approved by the Architectural Review Board and if used, dining areas could be administratively approved by staff thereby streamlining the ARB approval process. ? Stringent requirements regarding sealant on the sidewalk paving are needed One Boardmember felt that extra care must be taken when sealing the paved area of the outdoor dining area. Since there may be food and beverage spills ands stains in this area, additional coating may be necessary to preserve the paving, particularly in case a future tenant did not use the outdoor dining area. Staff Response: This concern is addressed under Operational Standard #6 of the Standards. ? Illustration “B” needs clarification The Board also suggested that Illustration “B” of the original standards could be improved to better explain the barriers. It was unclear to the Board from the illustration whether or not planters were required or optional and if the illustration gave a representation of the required wheeled barrier or if modifications to the barrier or alternate barriers were permitted. Staff Response: Illustration “B” has been eliminated and replaced with Attachments C or D. Planning Commission Comments The Planning Commission reviewed the Transit Mall Outdoor Dining Standards at its July 11, 2001 meeting. The Commission carefully considered the comments of the Architectural 5 Review Board and testimony from the Bayside District Corporation. After a thorough discussion, the Planning Commission recommended the following: ? Barriers The Commission discussed the concept of removable barriers and concluded the barriers must be semi-permanent to prevent constant movement. However, the Commission agreed the barriers must be designed to protect the sidewalk. ? Heaters The Commission did not support movable heaters due to the fact the outdoor dining area is limited in size, and freestanding heaters will impede accessibility for the disabled and encroach into the public sidewalk unless there is proactive enforcement. ? Umbrellas The Commission was divided about permitting umbrellas. Those against umbrellas felt they would become an enforcement problem because of advertising on the umbrella, encroachment into the sidewalk, and impairment of handicapped access. Commissioners concluded fixed awnings would provide the same benefit as umbrellas without the impact to enforcement resources. Those in support of umbrellas thought they added to the pedestrian experience and were integral to an active street environment. Commissioners asked staff to evaluate umbrella options to determine if there is a feasible option that would address enforcement issues yet allow umbrellas to exist along the street. The Commission also recommended the standards be revised to include the following: Add a condition prohibiting sidewalk signs, menu boards or other outdoor advertising unless reviewed and approved by the ARB. Require City inspection of every outdoor dining area after one year of operation to verify compliance with the regulations. After that, a compliance inspection would occur every two years. Require demarcation markers indicating the approved location for outdoor dining barriers. In response to Planning Commission comments, the standards have been revised to incorporate the recommended revisions. Staff does not support permitting umbrellas for the reasons outlined earlier in this report. If umbrellas are permitted, enforcement 6 will be limited to the one year and two year compliance checks. As requested by the Planning Commission, staff has examined an umbrella option. As shown in Attachment D, an umbrella option is feasible. This option allows umbrellas provided they are an integral part of the table design and are installed according to the attached specifications. The umbrella would be required to have a seven foot height clearance with a five foot diameter width. Other Issues Since the Planning Commission meeting, staff, in conjunction with Amphion, the Transit Mall designers, have developed two versions of a semi-permanent prototype barrier (Attachment C). The barriers address the concerns of the Architectural Review Board and staff in that they won’t damage the sidewalk yet they are unmovable. Should the Council approve this concept, staff will review the designs with the ARB and Planning Commission so that any business installing one of the prototype barriers would be subject to staff approval instead of ARB review. This process would streamline the approval process for applicants. Concern has been expressed about heaters attached to historic buildings or the feasibility of heaters where the façade of a building will not accommodate heaters. In response to this, the Council could allow a variance to the standards in the event of a hardship condition. The variance could be reviewed and approved by the ARB, with an appeal to the Planning Commission. In this case, an applicant could incorporate freestanding heaters provided they are attached to the table in the same manner as the 7 umbrella illustrated in Attachment D. CEQA STATUS The Planning Commission determined that the request to apply standards for outdoor dining on the public right-of-way and subsequent use of the public right-of-way is exempt from the provisions of CEQA pursuant Section 15061 (b)(3) in that it can be seen with certainty that the proposed project, the standards and the resulting outdoor dining, although subject to discretionary review by the Planning Commission, does not have the potential for causing a significant effect on the environment. PUBLIC NOTIFICATION Several workshops have been held for business owners located along the Transit Mall. In addition, the ARB, Planning Commission and City Council meetings were noticed in the Westside Weekly section of the Los Angeles Times and on the City’s web site. A copy of the notices is included as Attachment A. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact for the first year. However, depending on the number of establishments with outdoor dining, the annual inspection process will impact staff resources. As the cost of the inspection activity is difficult to estimate at this time, staff will monitor the costs and return to Council if necessary. 8 RECOMMENDATION Planning staff recommends that the City Council approve the Option A Outdoor Dining Standards for Santa Monica Boulevard and Broadway Avenue in conjunction with the Downtown Transit Mall improvements. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Ellen Gelbard, Deputy Director Susan Healy Keene, AICP, Senior Planner Planning and Community Development Department ATTACHMENTS: A. Public Hearing Notices B. City of Santa Monica Outdoor Dining Standards for Santa Monica Boulevard and Broadway (not available electronically, C. Prototype Barrier Without Umbrellas available at City Clerk’s Office and public libraries) D. Prototype Barrier With Umbrellas 9