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.
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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.
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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
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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.
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?
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
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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
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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
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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.
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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
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