sr-120809-8a~~
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Santa Moniea
City Council Report
City Council Meeting: December 8, 2009
Agenda Item: ~ ~}"
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Outdoor Dining Standards for Ocean Avenue
Recommended Action
Staff recommends that the Council consider whether the City's Outdoor Dining
Standards for Ocean Avenue should be clarified to expressly prohibit roll down curtains.
Executive Summary
The City has adopted Outdoor Dining Standards which govern licensees' use of City
sidewalks for outdoor dining. The standards applicable to Ocean Avenue do not
expressly address roll down curtains. However, the City interprets the standards to
prohibit them based, in part, on the fact that the standards for Broadway and Santa
Monica Boulevard do expressly prohibit roll downs. In the context of two enforcement
actions, a dispute has arisen between the City and the owners of two Ocean Avenue
restaurants as to whether roll down curtains are actually prohibited by the standards. In
order to give the Council the opportunity to address the policy question, enforcement
actions have been temporarily stayed; and the restaurant owners have agreed to keep
the curtains rolled up (except during inclement weather).
Background
In the past 20 years, the Council has adopted three sets of outdoor dining standards
that govern use of the public sidewalk by restaurants for various parts of the City. The
three adopted standards are the Ocean Avenue Outdoor Dining Standards (adopted
June 9, 1992), the Broadway and Santa Monica Boulevard Outdoor Dining Standards
(adopted 8/14/2001), and the Third Street Promenade Outdoor Dining Standards
(adopted 4/25/2006). Pursuant to the Council's direction, City staff has also created a
set of General Outdoor Dining Standards, which is applicable to areas of the City not
covered by the other three adopted standards. These four Standards are attached to
this report as Attachments A-D.
1
The Ocean Avenue Outdoor Dining Standards govern use of the public sidewalk along
Ocean Avenue by restaurants that have licenses with the City. There are other
restaurants along Ocean Avenue, which also use the public sidewalk for outdoor dining;
but some of them have easements, and their use of the sidewalk is governed (for now)
by the easements' terms. When those easements expire, they will be able to seek
licenses which would also be governed by the Ocean Avenue Outdoor Dining
Standards.
The Ocean Avenue Outdoor Dining Standards limit the height of barriers that separate
the dining area from the remainder of the sidewalk. However, they do not expressly
prohibit roll down curtains. The Third Street Promenade Outdoor Dining Standards
similarly lack any express prohibition of roll down curtains. The Broadway and Santa
Monica Boulevard Outdoor Dining Standards and the General Outdoor Dining
Standards, on the other hand, expressly address roll down curtains and prohibit them in
order to ensure that the streets remain pedestrian friendly.
Based on the fact that the City's policies favor pedestrian orientation and the Ocean
Avenue Standards' specification of a height limit for barriers, staff has consistently
interpreted the Ocean Avenue Standards to prohibit roll down curtains.
In recent years, the City has undertaken enforcement actions against the restaurants on
Ocean Avenue that utilize the public sidewalk pursuant to City licenses and use roll
down curtains to enclose their outdoor dining areas. The restaurant owners have
disputed that the Ocean Avenue standards prohibit roll downs and have notified the City
that they will challenge the en#orcement actions through administrative appeals and
court action.
Discussion
The question of whether the present Ocean Avenue Standards prohibit roll down
curtains is a matter of legal interpretation, which will be decided initially by a hearing
2
examiner and ultimately by a court. In contrast, the question of whether roll downs
should be allowed on Ocean Avenue and, if so, under what conditions, is a matter of
policy for the Council to consider and decide.
The owners of the two restaurants contend that roll down curtains should be allowed on
Ocean Avenue, even though they are not allowed on Broadway and Santa Monica
Boulevard, and in other parts of the City, because the public streets are situated
differently. That is, Ocean Avenue runs along the eastern edge of Palisades Park,
which is situated at the top of the bluffs. Thus, the owners contend that the sea breezes
blow directly against their restaurants and render outdoor heaters ineffective during cold
weather days. Accordingly, those owners argue that the roll downs are necessary to
shield diners from the elements. In contrast, because Broadway and Santa Monica
Boulevard run east-west, the prevailing breezes do not so directly impact outdoor diners
on those streets. Others contend that the comfort of those dining outdoors on Ocean
Avenue can be ensured in ways other than completely enclosing parts of the public
sidewalk.
Legal staff recommends that the Council assess these competing policy considerations
and give staff direction on clarifying or amending the Ocean Avenue Standards. Staff
will effectuate that direction, returning to Council if necessary or so directed. Once the
standards are clear, the restaurant owners will understand their responsibilities under
the licenses and staff will proceed with enforcement as necessary. Additionally, the
Council could take this opportunity to review the other three outdoor dining standards
collectively and direct staff to return with possible modifications which could address
policy issues or inconsistencies.
With respect to the substantive policy considerations at issue regarding Ocean Avenue
outdoor dining, Economic Development staff recommends that the Council give staff
direction to investigate whether there are new types of materials that allow for full
enclosure of the outdoor dining space while still keeping their transparency and
3
requiring restaurants to replace the material when it is no longer transparent. Economic
Development staff further recommends that the Council consider a program whereby
full enclosure is allowed during inclement weather (e.g. when the temperature is below
certain degrees and/or when the wind is above certain knots). Planning staff believes
that the inclement weather approach would be very difficult to enforce and recommends
that the Council consider a program whereby full enclosure is allowed during a certain
time period (e.g. December to March).
Another policy consideration relates to the license fees that the City charges for use of
the public sidewalk for outdoor dining purposes. As part of the Budget adoption on
June 21, 2005, the Council adopted license fees (Resolution CCS 10046) for outdoor
dining. The fees were based on an appraisal prepared in 2003, which determined that
sidewalks should be valued as unimproved land, and then a capitalization rate should
be applied against the unimproved land value to get the license fee value.
The City currently charges $1.90 per square foot for outdoor dining uses along Ocean
Avenue. The current rental fee may be significantly below market value. Thus, one
could argue that the City charges this below market rent because outdoor dining areas
are not intended for all-weather seating, and this low rent is being charged in exchange
for the public benefits stemming from outdoor dining, such as the promotion of
pedestrian activities. Accordingly, the City could charge a much higher rent in
exchange for fully enclosed outdoor dining areas. The Council may wish to direct staff
to evaluate the current fee study and return with recommendations and options.
Alternatives
If Council chooses to take no action to clarify or amend the Ocean Avenue Standards,
staff will resume enforcement efforts based on the current standards and will defend the
City's position in any administrative or judicial proceedings.
4
Financial Impacts & Budget Actions
There are no direct, significant financial impacts attendant upon Council clarifying or
setting policy as to the use of roll down curtains by restaurants on Ocean Avenue that
have outdoor dining licenses. Enforcement work and legal defense will be handled by
existing staff.
Prepared by: Yibin Shen, Deputy City Attorney
Attachments:
A. Ocean Avenue Outdoor Dining Standards
B. Broadway and Santa Monica Outdoor Dining Standards
C. Third Street Promenade Outdoor Dining Standards
D. General Outdoor Dining Standards
5
Approved: Forwarded to Council:
ATTACHMIIVT A
CITY OF SANTA MONICA
ENVIRONMENTAL AND PIIBLIC WORRS MANAGEMENT DEPARTMENT
OCEAN AVENUE OUTDOOR DINING STANDARDS
PURPOSE
The purpose of this document is to establish standards for
outdoor dining on Ocean Avenue to accommodate pedestrian
circulation and meet applicable code requirements as .well. as
create well-designed and attractive outdoor dining areas.
These guidelines should not be construed as all governmental
agency requirements .for starting a new business, or for expanding
an existing business to provide new services. The business owner
must secure the appropriate approvals, licenses and permits from
the Alcoholic Beverage Control Board, Planning -and Community
Development Department, the Finance Department , (Business
License), and any, other appropriate authority independent of the
Outdoor Dining Application process.
NOTE: Installation or construction of outdoor dining enclosures
cannot begin until the "30-Day Outdoor Dining License Agreement"'
is signed by the City Manager.
ELIGIBLE USES
Restaurant establishments located on Ocean Avenue which
provide full. menu food services, take out food service, and
specialty food service (e.g., cookies, ice cream) .are
eligible.
2. 'Temporary, mobile or freestanding food service providers or
vendors are not eligible.
Establishments that serve alcoholic beverages in their
outdoor dining area are required to meet the additional
specific standards outlined in this document for alcohol
service as well as .all other applicable state and local
requirements and any City-wide alcohol policies adopted.
4. 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".
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ELIGIBLE SITES AND CONFIGURATIONS
1. The area covered by these standards is restricted to the east
side of Ocean Avenue between Colorado Avenue and California
Avenue. (See Illustration A.)
;;2. The total use for dining, landscaping, wall, etc., shall be
no greater than twelve- (12) feet from the building line, and
an obstruction free pedestrian area of a minimum of eight (8)
feet must be provided between the exterior of the dining
structure and landscaping, and any obstructions such' as
street treest newsstands, bus benches, or curb. (See
.Illustration B.) Dining areas shall not be permitted within
15 feet of the curb line at both ends of each block.
3. The layout of outdoor dining areas must be in conformance
with Illustration C as applicable to maintain a clear
passageway and/or emergency exit.
/4. The elevation of the outdoor dining area shall be at sidewalk
level, and only semi-permanent barriers shall be permitted
and month-to-month license agreements shall.be issued.
5. All outdoor dining areas shall be fully accessible to the
' physically handicapped, as required by Title 24.
? 6. 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. Refer to Illustration D.
~7. The dining area should promote a visual relationship to Ocean
' Avenue.
DESIGN STANDARDS
1. New outdoor dining areas are to be, designated by semi-
permanent barriers. Semi-permanent barrier construction must
.conform to the Environmental and Public Works Management
~ Department installation standards and be removable, as by use
of recessed sleeves and posts or by whee s which can be
locked into place. (See Illustration B.) Barriers utilizing
any type of stretched canvas material must be strung through
eye hooks.
NOTE: Any modification to public surfaces, such as borings
for recessed sleeves or post holes, must be approved by the
Director of the Environmental and Public Works Management
Department.
2. All barriers must be able to withstand inclement outdoor
weather, and 100 pounds per lineal foot of horizontal force
at the top of the barricade when in their fixed positions.
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The maximum height of an opaque barrier shall be three feet
six inches (3'6") from the sidewalk level. Windscreen
attachments to the opaque barrier shall be transparent and no~''
more than two feet (2') in height. The combined height of
opaque barrier and.windscreen shall not exceed five feet six
inches (5'6"). (See Illustration F for example.)
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 or consumed. For the
sight impaired, either potted plants (four to five feet in
height) situated at"each far corner of the outdoor dining
area, or a color and texture inset in the cement .along the
border of the dining area is required. The rent for outdoor
dining in this configuration shall be.based on a six (6) foot
depth and the width of the building, less entrance walkway.
5: The use of removable umbrellas in sidewalk cafe areas is
encouraged provided that they maintain at least seven (7)
feet of clearance above the floor level. If awnings are
used, they must maintain at least eight (8) feet and no more
than fifteen (15) feet of clearance above the floor lever.
If the depth of the outdoor dining area is seven (7) feet or
less from the building, an awning may extend over the entire
area. overhead connecting bars between the barrier
structures and awnings are strictly prohibited. If the depth
of the outdoor dining area extends out' more than seven (7)
feet from the building, the awning shall not exceed 50$ of
the depth of the area. For the exposed area, umbrellas may
be utilized. (For examples of these options, see
Illustration G.) An awning's maintenance program shall be
submitted as part of the materials submitted with the outdoor
dining application.
6.. Lighting shall be incorporated into the facade of the
building, and shall complement the style of the building.
Lights on buildings shall not be glaring to pedestrians on
the sidewalk. (A minimum of 5 footcandles on the sidewalk
-shall be provided.) Table lamps or candles .are encouraged.
Wired electrical fixtures will be allowed outside the face of
the building if contained within the semi-permanent barrier.
An applicant must obtain an electrical permit for a lighting
plan from the City's Building and Safety Division.
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 facade. The design
must be approved by the Architectural Review Board (ARB) if
appropriate, and the Planning and Community Development
Department, Planning and Zoning Division. The ARB
strongly discourages the use, of scallops and stripes in the
design of awnings.
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8. 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 (ARB) and the Planning and Community
Development- Department, Planning and Zoning Division in
accordance with the standards of this document. Product
names may not appear on awnings or umbrellas.
9. Landscape architecture and landscape maintenance program
shall be submitted with the outdoor dining application.
.Water drainage onto Ocean Avenue shall not be allowed and
stressed or dying plants must be 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.
10. All Fire Department regulations and standards concerning
exterior lighting and power must be met. These regulations
and standards will be supplied at the time of application.
OPERATIONAL STANDARDS
1. 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.
Unruly behavior is not permitted in the outdoor dining area.
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 such
as: Alcohol Beverage Control Board (alcohol training), the
California Highway Patrol (designated driver program), or the
Santa Monica Police Department.
Outdoor dining areas, including flooring, must remain clear
of litter, food scraps, and soiled dishes•at all times.
Where eating establishments provide self-service or 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. Flooring must be cleaned
daily. Trash receptacles must be provided in the building
and trash service must be arranged with the Santa Monica
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Environmental and Public Works Management Department, Solid
Waste Division.
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 restaurant must comply
with all applicable recycling programs of the Environmental
and Public Works Management Department.
9. The maximum hours of operation of an outdoor eating area. may
be established by the City and may be less than, but shall
not exceed the hours of operation of the associated food
service establishment.
10. Outdoor dining areas shall be continuously supervised by
employees of the establishment. Food establishments serving
alcoholic beverages must have a supervisor on site at all
times.
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. Any modification to the approved plans must be approved by
the Planning and Community Development Department, Planning
and Zoning Division prior to the implementation of any
modification.
13. Outdoor dining areas shall meet all requirements of the
Health Department of the Los Angeles County and any other
applicable regulations.
14. Musical instruments or sound reproduction systems are
permitted in outdoor eating areas, but shall be maintained
sufficiently low volumes so as not to intrude on neighboring
businesses or exceed limits imposed by the City's Noise
Ordinance. Sound systems may not be used for any advertising
or solicitation purpose for the restaurant or any product or
service.
15. All provisions of the Agreements must be .complied with at all
times.
ENFORCEMENT
ts'
1. Notice of violation of the design standards shall be made in
writing to the Licensee by the Santa Monica Police or by the
Environmental and Public Works Management Department staff.
The Licensee will have l0 days to cure such default, or quit.
2. Notice of violation of any standards of operation shall be
made verbally or in writing to the Licensee by the Santa
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Monica Police or by Environmental and Public Works Management
Department staff. Immediate abatement of such violation will
be required by the Licensee. Verbal notices of violation
shall be followed by a written notice for purgoses of
establishing a record of violations at the discretion of the
party giving verbal notice.
3. Violations of the terms of the License Agreement or any
provision of these standards shall be kept on -file by the
City's Environmental and Public Works Management Department.
Three violations within one year shall constitute a basis for
immediate closure of the outdoor dining area and revocation
of the Agreement.
4. The City retains the right to revoke a License Agreement upon
30 days notice regardless. of conformance with these
provisions. Upon termination of the Agreement, Licensee
shall remove all personal property, furnishings and equipment
from the Premises. Any personal property remaining on the
Premises shall be the removed pursuant to the laws of the
State of California.
APPLICATION PROCEDURE
1. An application form and three (3) copies of the proposed
dining area plans should be submitted to the Administrative
Services Division, Environmental and Public Works Management
Department. The plans must .exhibit the following:
a) A detailed scaled site and elevation plan that shows the
relationship of the outdoor eating area to the building,
to adjacent existing buildings and 'their entrance
locations, and to nearby sidewalks, corners,. streets,
bus stops, bus benches and sidewalk obstacles;
b) ,The total square footage, exact dimensions of the
proposed outdoor dining area, and number of customer
seats;
c) The lighting plan and location of any utilities that
might affect or be affected by the proposal;
d) The existing and pzoposed pedestrian circulation
pattern;
e) Floor plans of the existing building and any proposed
modification, showing the relationship of food
preparation areas to the outdoor eating area, and
provision for an enclosed trash holding area in the rear
of the building; and
f) The proposed use of materials, colors and design.
2. The Environmental and Public Works Management Department
(Administrative Services Division) will advise applicants of
standards, terms, and process involved with License
Agreements. If the plans- comply with these terms, the
Administrative Services Division will forward copies of the
application package to the Fire Department and to the City's
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Planning and Community Development Department for formal
review and approval. The plan must also be reviewed by the
Transportation Department if a bus stop site is involved. A
Performance Standards Permit (PS P) is required by the
Planning and Community Development Department. Parking shall
be required per zoning ordinance. In addition, approval by
the Architectural Review Board is required (the liaison to
ARB in the Planning and Community Development Department may
determine whether administrative approval is sufficient).
3. Due to increased parcel square footage, a Coastal Permit is
required as well. Applicant must apply for this with the
California Coastal Commission.
4. Upon obtaining all required approvals, the Environmental and
Public Works Management Administrative Services Division
staff will negotiate a License Agreement for execution
between the City and the Applicant. The Agreement will set
the rental amount,' term of contract, insurance requirements
and other necessary contractual requirements. The per square
foot rate for License Agreements shall begin at $1.50, and
will be subject to periodic CPI adjustments.
5. Upon approval of all appropriate departments and agencies,
the applicant must obtain the signature of the City Manager
for the execution of the Agreement.
6. After installation and prior to occupancy, the Applicant must
call for a final inspection of the outdoor dining area and be
issued a Certificate of Occupancy by the Building and Safety
Division.
7. These standards- may be monitored on a periodic basis by the
Environmental and. Public Works Management Department,.
Administrative Services Division staff in accordance with its
operating procedures.
8. A maintenance deposit the equivalent of two month's rent will
be required with the granting of an Agreement. It is the
responsibility of the Applicant to maintain Ocean Avenue
paving and fixtures in the condition in which they are
received at time of licensing. The deposit will be refunded
upon termination of an Agreement after an inspection of the
Ocean Avenue paving and fixtures condition by the
Environmental and Public Works Management Department.
dinestd.wpwin
8/94
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Illustration A
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Illustration G
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CITY OF SANTA MONICA
OCEAN AVENUE
OUTDOOR DINING APPLICATION
ENVIRONMENTAL AND PUBLIC AORRS MANAGEMENT DEPARTMENT
ADMINISTRATIVE SERVICES DIVISION
NAME OF RESTAURANT:
ADDRESS OF RESTAURANT:
OWNER/OPERATOR:
OWNER ADDRESS:
LANDLORD NAME & ADDRESS:
RESTAURANT PHONE NO: OWNER PHONE NO.
CHECK APPROPRIATE BOXES:
new building construction
new addition.of patio
I have provided one copy of the
proposed outdoor dining plans
I have provided a copy of my
lease with the building owner
I have been given the outdoor
dining standards
I hereby certify that I have read and understood the application
procedures and outdoor dining standards, and agree to develop and
operate the outdoor dining area consistent with all provisions
set forth.
OWNER'S SIGNATURE DATE
1
CITY PRELIMINARY APPROVALS:
GENERAL DESCRIPTION:
COMMENCEMENT DATE:
TERM:
(DATE AND INITIALS REQUIRED)
Planning and Community
Development Department
Environmental and Public Works
Management Department
Fire Department
Building and Safety Division
Architectural Review Board
Planning Commission (if needed)
Coastal Commission (if needed)
Alcohol and Beverage Control
Board
dimensions
square feet
number of tables
number of seats
ENDING DATE:
PER SQUARE FOOT RATE:
TYPE OF AGREEMENT:
CITY FINAL APPROVALS:
CITY INSPECTION:
dineagr.wpwin.8/94
MONTHLY RATE:
CITY ATTORNEY
CITY. MANAGER
ENVIRONMENTAL AND
PUBLIC WORKS MANAGE-
MENT DEPARTMENT
FIRE
2
ATTACF3MEA7T B
City of
Santa Monica'"
CITY OF SANTA MONICA
Outdoor Dining Standards
For
Santa Monica Boulevard and Broadway
PURPOSE
The purpose of this document is to establish standards for outdoor dining on both sides of Santa
Monica Boulevard and both sides of Broadway between Ocean Avenue and 5"' Street in conjunction
with the Transit Mall. The Guidelines accommodate pedestrian circulation, meet applicable code
requirements as well as create well-designed and attractive outdoor dining areas.
These standards should not be construed as all governmental agency requirements for starting a new
business, or for expanding an existing business to provide new services. The business owner must
secure the appropriate approvals, licenses and permits from the Alcoholic Beverage Control Board,
Planning and Community Development Department, the Fnance Department (Business License), and
any other appropriate authority independent of the Outdoor Dining Application process.
NOTE: Installation or construction of outdoor dining enclosures cannot begin until the
°30°-Day outdoor Dining License Agreement" is signed by the City Manager.
ELIGIBLE USES
1. Restaurant establishments located on either side of Santa Monica Boulevard and Broadway
between Ocean Avenue and 5"' Street which provide full menu food services, take out food
service, and specialty food service (e.g., cookies, ice cream) are eligible.
2. Temporary, mobile or freestanding food service providers or vendors are n~eligible.
3. Establishments that serve alcoholic beverages in their outdoor dining area are required to meet
the additional specific standards outlined in this document for alcohol service as well as all other
applicable state and local requirements and any City-wide alcohol policies adopted.
4. 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".
ELIGIBLE SITES AND CONFIGURATIONS
The area covered by these standards is restricted to the north and south side of Santa Monica
Boulevard and both sides of Broadway between Ocean Avenue and 5"' Street.
2 The total use for dining, landscaping, wall, etc., shall be no greater than six (ti) feet from the
building property line, and an obstruction free pedestrian area of a minimum of six (6) feet
must be provided between the exterior of the dining structure and landscaping; and any
obstructions such as street trees, newsstands, bus benches, bike racks, light poles or other
street elements (See Illustration A)
3 Dining areas shall not be permitted within 15 feet of the closest curb line of the cross streets
(including the Promenade) at both ends of each block and shall not be permitted in areas
where less than a six foot obstruction free pedestrian area exists between the outdoor dining
area and any obstruction such as trees, light poles, chairs, bus shelters etc. Adjacent to any
alley or driveway, the outside border of outdoor dining shall be setback 6 feet from the
intersection of the alley or driveway. A 45 degree cone of vision must be provided to assist
driver vision and emergency access (See Illustration B)
4 The layout of outdoor dining areas must maintain a clear passageway and/or emergency exit.
The elevation of the outdoor dining area shall be at sidewalk level, and only semi-permanent
barriers shall be permitted and month-to-month license agreements shall be issued.
6 All outdoor dining areas shall be fully accessible to the physically handicapped, as required by
Title 24.
7 Establishments which serve alcoholic beverages are required to provide a physical barrierthat
meets the requirements of this document and those of the Alcoholic Beverage Control Board.
Refer to Illustration B.
8 .The dining area should promote a visual relationship to the street improvements along Santa
Monica Boulevard and Broadway.
DESIGN STANDARDS
1. New outdoor dining areas are to be designated with semi-permanent barriers. Semi-permanent
barrier construction must conform to the installation standards and be removable. Barriers
utilizing any type of stretched canvas material must be strung through reinforced eyelets.
Barriers shall have rubberized footings to avoid damage to the sidewalk.
NOTE: Modification to sidewalk surfaces, such as borings for recessed sleeves or post holes, is
not permitted.
2. All barriers must be able to withstand inclement outdoor weather.
3. The maximum height of an opaque barrier shall be three feet six inches (3'6") from the sidewalk
level including the height of any landscaping. The area between the top of the barrier and the
bottom of .any awning shall remain open. No transparent barriers (such as Plexiglas or plastic)
are permitted between the top of the opaque barrier and the bottom of the awning.
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 or consumed. Sucli tables shall be limited
to a dimension of 24" x 30". The outdoor dining furniture must be first approved by the
Architectural Review Board. For the sight impaired, potted plants (maximum four feet in height)
situated at each far corner of the outdoor dining area is required. The rent for outdoor dining in
this configuration shall be based on a six (6) foot depth and the width of the building.
5. An awning may extend over the entire area. Overhead connecting bars- between the barrier
structure and awning are strictly prohibited. Awnings must be regularly maintained and cleaned
in accordance with the City's water conservation policies. An awning maintenance program shall
be submitted as part of the materials submitted with the outdoor dining application.
6. Lighting shall be incorporated into the facade of the building, and shall complement the style of
the building. Lights on buildings shall not be glaring to pedestrians on the sidewalk. (A minimum
of 5 footcandles on the sidewalk shall be provided.) Table lamps or candles are encouraged.
Table lamps using liquid fuel or candles used in a place of public assembly will require an annual
Fire department permit and must compty with Uniform Fre Code design standards. An applicant
must obtain an electrical permit for a lighting plan from the City's Building and Safety Division.
7. The design materials and colors used for chairs, tables, lighting and other fixtures shall be
generally consistent both with the architectural style and colors used on the building facade. The
design must be approved by the Architectural .Review Board (ARB) if appropriate, and the
Planning and Community Development Department, City Planning Division.
8. No signs are permitted in the outdoor dining area. Signs must be approved by the (ARB) and
the Planning and Community Development Departrnent, City Planning Division in accordance
with the standards of this document. However, a two square foot menu board may be
permanently attached to the outdoor dining barrier without ARB approval. No portable signs,
sandwich signs or other non-permanent menu signs may be installed. Product names may not
appear on awnings.
9. Landscape architecture and landscape maintenance program shall be submitted with the
outdoor dining application. Water drainage onto Santa Monica Boulevard or Broadway shall not
be allowed. and stressed or .dying plants must be 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. Plants shall be removed from the sidewalk when the
business is closed.
10. All Fire Department regulations and standards must be met and will be supplied at the time of
application.
li. Removable demarcation markers indicating the approved location of the barriers must be visible
at all times.
OPERATIONAL STANDARDS
1. 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. 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.
4. Unruly behavior is not permitted in the outdoor dining area.
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 nonalcoholic 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 such as:
Alcohol Beverage Control Board (alcohol training), the California Highway Patrol (designated
driver program), or the Santa Monica Police Department.
6. Outdoor dining areas, including sidewalk surfaces must remain clear of litter, food scraps, and
soiled dishes at all times. Where eating establishments provide self-service or 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. The sidewalk must be cleaned daily. If sidewalk is not
cleaned, City crews will clean the surface and charge the business double the City's cost. Trash
receptacles must be provided in 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. The maximum hours of operation of an outdoor dining area may be established by the City and
may be less than, .but shall not exceed the hours of operation of the associated food service
establishment.
9. Outdoor dining areas shall be continuously supervised by employees of the establishment. Food
establishments serving alcoholic beverages must have a supervisor on site at all times.
S0. 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.
li. Any modification to the approved plans must be approved by the Planning and Community
Development Department, City Planning Division prior to the implementation of any
modification.
12. Outdoor dining areas shall meet all requirements of the Health Department of the Los Angeles
County and any other applicable regulations.
14. Musical instruments or sound reproduction systems are not permitted in outdoor dining areas.
Sound systems may not be used for any advertising or solicitation purpose for the restaurant or
any product or service.
15: All provisions of the Agreements must be complied with at all times.
ENFORCEMENT
1. Notice of violation of the design standards shall.be made in writing to the Licensee by the Santa
Monica Police, Building and Safety Code Compliance Staff or by the Resource Management
Department staff. The Licensee will have 10 days to correct such default, or discontinue.
2. Notice of violation of any standards of operation shall be made verbally or in writing to the
Licensee by the Santa Monica Police, Building and Safety Code Compliance Staff or by Resource
Management Department staff. Immediate abatement of such violation will be required by the
Licensee. Verbal notices of violation shall be followed by a written notice for purposes of
establishing a record of violations at the discretion of the party giving verbal notice.
3. Violations of the terms of the License Agreement or any provision of these standards shall be
kept on file by the City's Resource Management Department Three violations within one year
shall constitute a basis for immediate closure of the outdoor dining area and revocation of the
Agreement.
4. The City retains the right to revoke a License Agreement upon 30 days notice regardless of
conformance with these provisions. Upon termination of the Agreement, Licensee shall remove
all personal property, furnishings and equipment from the Premises. Any personal property
remaining on the Premises shall be removed pursuant to the laws of the State of California.
5. The City shall conduct a compliance inspection one year after the license agreement is issued
and then every two years to ensure compliance with all the standards.
APPLICATION PROCEDURE
An application .form and three (3) copies of the proposed outdoor dining area plans should be
submitted to the Resource Management Department. The plans must exhibit the following:
a) A detailed scaled site and elevation plan that shows the relationship of the outdoor
dining area to the building, to adjacent existing buildings and their entrance locations,
and to nearby sidewalks, comers; streets, bus stops, bus benches, light poles, trees and
any other sidewalk obstacles;
b) The total square footage, exact dimensions of the proposed outdoor dining area,
dimensions of the semi-permanent barriers, table and chair configuration and size, and
number of customer seats;
c) The lighting plan and location of any utilities that might affect or be affected by the
proposal;
d) The existing and proposed pedestrian circulation pattern;
e) 'Floor plans of the existing building and any proposed modificatian, showing the
relationship of food preparation areas to the outdoor eating area,and provision for an
enclosed trash holding area in the rear of the building; and
f) The proposed use of materials, colors and design.
2. The Resource Management Department will advise applicants of standards, terms, and process
involved with License Agreements. If the plans comply with these terms, Resource
Management staff will .forward copies of the application package to the Fire Department,
Environmental and Public Works Management and to the City Planning Division for formal
review and approval. Depending on the nature of the application, a Conditional Use Permit or
amendment, Performance Standards Permit or an Administrative Approval may be required.
All projects must receive Architectural Review Board approval. The plan must also be reviewed
by the Transportation Department if a bus stop site is involved.
3. if alcohol is to be-served in the outdoor dining space, approval of the Alcohol and Beverage
Control Board (ABC) is required.
4. Due to increased parcel square footage, for sites within the Coastal Zone, a Coastal Permit is
required as well. Applicant must apply for this with the California Coastal Commission.
5. Upon obtaining all required approvals, the Resource Management Departrnent staff will
negotiate 'a License Agreement for execution between the City and the Applicant. The
Agreement will set the rental amount, term of contract, insurance requirements and other
necessary contractual requirements.
6. Upon approval of all appropriate departments and agencies, the applicant must obtain the
signature of the City Manager for the execution of the Agreement. Prior to installation, the
applicant must arrange fora site inspection by the Environmental and Public Works
Management Administration Division.
7. After :installation and prior to occupancy, the Applicant must call for a final inspection of the
outdoor dining area and be issued a Certificate of Occupancy by the Building and Safety
Division and the Administrative Services Division of Environmental and Public Works
Management Department.
8. These standards may be monitored on a periodic basis by the City in accordance with its
operating procedures.
9. A maintenance deposit, the equivalent of two month's rent, will be required with the granting
of an Agreement. It is the responsibility of the Applicant to maintain Santa Monica Boulevard
and Broadway Avenue paving and fixtures in the condition in which they are received at time of
licensing. The deposit will be refunded upon termination of an Agreement after an inspection of
the paving and fixtures condition by the Environmental and Public Works Management
Department.
f/plan/share/penndoc/outdoor dining s~ndards
Illustration A
6 Foot
Unobstructed
Pedestrian Area
Building Line
Food Service
Facility
Total Use
For Dicing
No More Than
6 Feet from
Building Line
.... i
I
1
1
I
1
1
I
----'
Bns Bench
Stands
Tree
O
Dining Area Shall
Not be Permitted
within 15 Feet
of Cnrb Line
(both ends of block)
Permanent Structure
To Curb Line
Illustration B
AlleylDriveway
Outdoor Dining Area
Sidewalk
.. ~ ..
6 foot setback
Outdoor Dining Area
6 foot setback Sidewalk
ATTAC@PENT C
THIRD STREET PROMENADE
OIITDOOR DINING STANDARDS
Rev 9/4/91
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 architecturally symbiotic 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
s
Holders of an "Outdoor Dining License Agreement" should be aware
that their license exists at the discretion of the City of Santa
Monica and may be revoked at any time upon 30 days notice or
violation of these standards.
NOTE: INSTALLATION OR CONSTRIICTION OF OIITDOOR DINING ENCLOSURES
CANNOT BEGIN UNTIL THE "OUTDOOR DINING LICENSE AGREEMENT" I3
SIGNED BY THE CITY MANAGER.
ELIGIBLE IISES
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
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
- 1
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.
ELIGZHLE SITES
1. The area covered by these standards is restricted to the
Bayside District Area. (Illustration Aj.
2. Allowable areas for outdoor dining are identified in
illustrations B, C and D. These areas were established to
accommodate pedestrian flow and fire access paths.
3. The. layout of outdoor dining areas shall be in conformance
with Illustrations E and F as applicable.
4. 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 out isout d
newstanas, 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 (see Illustrations B, C and D).
5. The elevation of the outdoor dining area shall be the same
elevation as the sidewalk.
6. Dining areas shall be required to maintain building egress as
defined by the Uniform Building Code.
7. Establishments which serve alcoholic beverages aze required.
to provide a physical barrier that meets the requirements of
this document and those of the Alcoholic Beverage Control
Board. Refer to Illustrations E, F and G for barrier
standards.
S. The size and scale of the dining area shall be compact to
suggest intimacy and should promote a visual relationship
to the P-romenade as determined by the Bayside District
Corporation and approved by the Santa Monica Architectural
Review Board.
- 2 -
DESIGN STANDARDB
1. Barriers are to designate outdoor dining areas. Barriers
must conform to the General Services Department's
installation standards and be removable, that is, not removed
each evening but capable of being removed, if needed, as by
use of recessed sleeves and posts, or by wheels which can be
locked into place (see Illustration G).
NOTE: Any modification to public surfaces, such as borings
for recessed sleeves or cost holes, must be approved by the
Director of the General Services De t.
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 th'e
establishment and no alcohol is served. Such tables shall be
limited to a dimension of 24" X 30". The outdoor dining
furniture must be approved first in writing by the Bayside
District Corporation. The assessment for outdoor dining in
this configuration shall be based on a six (6) foot depth and
the width of the building, less 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 or removable umbrellas is
.encouraged provided that they maintain at least eight (S)
feet and seven (7) feet, respectively, of clearance above the
sidewalk level 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 both the Bayside District
Corporation and Architectural Review Board.
6. Lighting shall be incorporated into the facade 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
- 3 -
area. (General illumination should be at five footcandles,
with a maximum of ten footcandles.) Table lamps or candles
are encouraged. Wired electrical fixtures 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 facade 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 Bayside District Corporation and the
Architectural Review Board in accordance with the standards
of this document. Product names may not appear in thege
areas.
10. All Fire -Department regulations and standards concerning
exterior lighting and power must be met. These regulations
and standards will be supplied at the time of application.
11. 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.
12. At the termination of the License Agreement, the outdoor
dining barriers must be removed and the sidewalk returned to
its original condition.
13. All outdoor dining sites must be handicapped accessible.
14. Any modification to the approved plans must be approved by
the Bayside District Corporation, the ARB 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.
STANDARDS OF OPERATION
Restaurant management is responsible for running and
operating the outdoor dining area.
- 4 -
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 the Bayside
District Restaurant Association, or any other 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 clear
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 passersby on the Promenade will not be
tolerated and constitutes a violation of these standards.
- 5 -
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 the 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.
ENFORCEMENT
1. Notice of violation of the design standards shall be made in
writing to the Licensee by the Santa Monica Police, aay
department or division head of the City or the Bayside
District Corporation. The Licensee will have 10 days to cure
such default, or quit. A copy of the notice of violation must
be filed with the Economic Development Division.
2. Notice of violation of any standards of operation shall be
made verbally or in writing to the Licensee by the Santa
Monica Police, any department or division head of the City or
the Bayside District Corporation. Immediate abatement- of
such violation will be required by the Licensee. Verbal
notices of violation shall be followed by a written notice
for purposes of establishing a record of violations at the
discretion of the party giving verbal notice.
3. Violations of the terms of the license agreement or any
provision of these standards shall be kept on file by the
City and the Bayside District Corporation.. Three violations
within one year shall constitute a basis for immediate
closure of the outdoor dining area and revocation of the
license agreement. The City retains the right to revoke a
license upon 30 days notice regardless of conformance with
these provisions.
4. Upon termination of the License Agreement, Licensee shall
remove all personal property, furnishings and equipment from
the Premises. Any personal property remaining on the
Premises shall be the removed pursuant to the laws of the
State of California.
- 6 -
THIRD STREET PROMENADE
Outdoor Dinin4 Application
APPLICATION PROCEDURE
1. An applicant agplies for an Outdoor Dining License through
the Bayside District Corporation by submitting an application
form and four (4) copies of the proposed dining area plans.
The plans must exhibit the following:
a) The proposed use, material, colors and design;
b) Relationship of the outdoor eating area to the adjacent
existing businesses and their entrance locations;
c) The location of any utilities, tree wells, light fixtures,
benches, or bike racks that might affect or be
affected by the proposal;
d) The total square footage and exact dimensions of th'e
proposed outdoor dining area;
e) The existing and proposed pedestrian circulation pattern;
f) Floor plans of the existing building and any proposed
modification, showing the relationship of food preparation
areas to the outdoor eating area, and provision for an
enclosed trash holding area in the rear of the building;
and
g) An application fee of Twenty Five Dollars ($25.00)
2. The Bayside District Corporation will forward a copy of the
application package to the Fire Department, General Services
Department and Economic Development Division for their review
and approval. The Bayside District Corporation is
responsible for obtaining signatures of appropriate
departments, .which are to be maintained on one original
sign-off sheet.
3. The applicant shall submit the application package to the
City's Planning & Zoning Division for formal review and
approval after obtaining appropriate department approvals.
Depending upon the nature of the application, a conditional
use permit- or administrative approval may be required. All
projects must receive Architectural Review Board approval.
4. Upon approval of all aforementioned parties, the Bayside
District Corporation will recommend to the City's Economic
Development Division that a license be executed between the
City and the Applicant. The Agreement will set the fee
- 7 -
amount, term of contract, insurance requirements and other
necessary contractual requirements.
5. A maintenance deposit with General Services of $500 or 1
month's rent, whichever is greater, will be required with
the granting of a License Agreement. It is the
responsibility of the Licensee to maintain Promenade paving
and fixtures in the condition in which they are received.at
time of licensing. The deposit will be refunded upon
termination of the License Agreement after an inspection of
the Promenade paving and fixtures condition by the City's
General Services Department.
6. Upon approval of all appropriate departments and agencies,
the Licensee must obtain the signature of the City Manager on
the License Agreement.
7. After installation and prior to occupancy, the Licensee must
call for a final inspection of the outdoor dining area and be
issued a Certificate of Occupancy by the Zoning Office.
(thrdprom)
- 8 -
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217 7918735 FAX 217 •7a-7921
THIRD STREET PR0112E~1ADE
OUTDOOR DINING APPLICATION
Section I.
Name of Restauraac
Address:
Owner/Operator:
Owner Address:
Restaurant Phone No: Owner Phone No:
I hereby certify that I have read and understood the application
procedures and outdoor dining standards and agree to develop and
operate the outdoor dinin; area consistent with all of the provisions se[
lorth.
Date: "
Owners sigaatnre
II. Recommendation from Bayside Disrrict to the City of 5.12.:
Reeammeaded Recommended w/changes
No[ Recommended
Commenu:
III. Far City Departmental Approvals (Initials Required):
Fire Depa7traent
General Services
Planning Division
Architectural Review Baazd oa -J,J_
EDD to obtain City Managers Office preliminary approval
------------------------------------------------------------------------------
IV. Return to BDC for License Agreement Preparation:
Rate: -~ - --~ Squaze Feet: Conditions: Yes / No
License Agreement Signed: _ / _ /
Commencement Date: _ / _ / _ Term: yrs.
Notes:
V. Return to Economic Development Eor License Agreement
Execution.
Dau seat to EDD: _~_J
Cezefrcam of Iasnraaee
Economic Development Approval
Ciry Aaorneys Approval
Ciry Managers Approval
ATTACHPfEPT D
Snbtb h9ondow"
"`y ~` CITY OF SANTA MONICA
General Outdoor Dining Standards
and Miner Outdoor Dining Standards
(hxciuding Third Street Promenade, Transit Matl
and Ocean Avenue)
PURPOSE
The purpose of this document is to establish standards for outdoor dining including outdoor dining in
areas less than 200 sq. ft. located in commercial districts and the Residential Visitor Commercial
District. The Guidelines accommodate pedestrian circulation, meet applicable code requirements as
well as create well-designed and attractive outdoor dining areas.
These standards should not be construed as all governmental agency requirements for starting a new
business, or for expanding an existing business to provide new services. The business owner must secure
the appropriate approvals, licenses and permits from the Alcoholic Beverage Cantrd Board, Planning
and Community Development Department, the Finance Department (Business License), Resource
Management Deparhuent-Economic Development Division ("RMD-EDD") and any other appropriate
authority independent of the Outdoor Dining Application process.
NOTE Installation or construction of outdoor dining enclosures may not be~ein until an Outdoor Dining
License Agreement" is signed by the Ci Manager.
ELIGIBLE USES
1. Outdoor dining that is an accessory use and contiguous to a legally established restaurant or other
eating or drinking establishment, which provides full menu food services, take out food service,
and specialty food service (e.g, cookies, ice cream). Outdoor dining areas of less than 200 sq, ft.
may be approved administratively and shall not require additional parking. Outdoor dining areas
that exceed 200 sq. ft. shall comply with parking requirements established by Santa Monica
Municipal Code Section 9.04.10.08.040.
2. Temporazy, mobile or frees#anding food service providers or vendors are not eligible.
3. Establishments that serve alcoholic beverages in their outdoor dining area are required to meet the
additional specific standards outlined in this document for alcohol service as well as all other
applicable state and local requirements and any City-wide alcohol policies adopted.
4. 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".
Outdoor dining areas of less than 200 sq. ft. are not required to provide additional parlring.
ELIGIBLE SITES AND CONFIGURATIONS
1. The areas covered by these standards includes areas within the City's Commercial Districts and
the Residential Visitor Commercial District,
2. The elevation of the outdoor dining area shall be at sidewalk Level; and ouly semi-permanent
barriers shall be permitted; License Agreements shall be issued.
3. All outdoor dining areas shall be fully accessible to the physically handicapped; as required by
Title 24. Adequate pedestrian access must be provided which is considered to be eight {&) feet of
unobstructed access between chair/table and curb edge or street furniture; e.g. bus benches,
meters, etc. Access may be less under certain circumstances, but not less than five (5) feat of
unobstructed areas.
4. 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.
5, The dining area should promote a visual relationship to the street and the restaurant establishmnni
to which it is ancillary.
DESIGN STANDARDS
1. If new barriers are provided they are recommended to be of semi-permanent banger
coustnzction. They must conform to installation standards and be removable. Barriers utilizing any
type of stretched canvas material must be strung through reinforced eyelets. Barriers should have
rubberized footings to avoid damage to the sidewalk.
NOTE: Mod f cation to sidewalk surfaces suck as boring for recessed sdeeves or post &oles. is
not permitted.
2. Ail barriers must be able to withstand inclement outdoor weather.
3. The maximum height of an opaque barrier shall be three feet six inches (3'6"} from the sidewalk
level including the height of any landscaping. The area between the tap of the barrier and the
bottom of any awning shall remain open. Na transparent barriers (such as plexiglas or plastic) are
permmitted between the top of the opaque barrier and the bottom ofthe awning.
4. Retractable awnings and umbrellas may extend over the entire area, buk there shall be no
permanent roof or shelter over the sidewalk, Overhead connecting bars between the barrier
structure and awning are strictly prohibited. Awnings shall be adequately secured, retractable and
shall comply with provisions of the Uniform Building Code. Awnings must ba regularly
maintained and cleaned in accordance with the City's water conservation policies. Awnings
providing shelter for outdoor dining areas shall comply with the following: Frames supporting
awnings shall be of noncombustible materials. Awning's cover shall be an approved fire retardant
cover for retractable awnings or noncombustible material for fixed awnings. Awnings shall not
project over the public property more than 7 feat from the face of the supporting building. In no
case shall awnings project more than two-thirds the distance between the building and the nearest
curb over the public property. All portions of any awning shall be a minimum of 8 feet above
public walkway, including valances. Complete details shall be submitted to Building & Safety for
the approval of the support system and attachments to the existing building.
5, Lighting Fixtures, if provided, may be permanently affixed onto the exterior front of the primazy
building. Table lamps using liquid fuel or candles ixsed in a place of public assembly will require
an annual Fire Department permit and must comply with Uniform Fire Code design standards. An
applicant must obtain an electrical permit for a lighting plan from the City's Building and Safety
Division.
6. Tables, chairs and umbrellas must be removable.
7. A two square foot menu board may be permanently attached to the outdoor dining barrier without
Architectural Review Board (ARB) approval. No portable signs, sandwich signs or o#her non-
permanent menu signs maybe installed.
8. Landscape azchitecture is encouraged Water drainage onto the sidewalk is not allowed. Stressed or
dying plants must be 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,
9. No trash enclosures or refuse storage is allowed or on the public sidewalk in the outdoor dining
area. Sidewalk cafes must remain clear of litter at all times.
BUILDING STANDARDS
1, Exits -Outdoor dining areas shall be designed to maintain clear existing legal exits from the
building to the public way. A minimum of 44-inch wide exit path is required to maintain from tho
building and from enclosed outdoor dining areas. Dining areas with an occupancy greater than 50
will require two exits from that area.
2. Accessibility - Outdaor dining azeas shall be designed to meet accessibility requirements. One
wheelchair seating space shall be provided for each 20 seats. A minimum of 35-inch egress aisle
width shall be maintained adjoining a wheelchair location. Wheelchair locations shall provide a
minimum clear floor area of 33-inch x 48-inch far access or 33-inch x 60-inch for side access.
Food service aisles shall be not less than 36-inch wide and need not be greater than 42-inch wide.
Heaters -Heating units shall have a UL or AGA listing. Heating units shalt not be installed over
or near exits from the building. Units shall maintain the required clearances from combustible
materials. A minimum of 6' 8"headroom clearance shall be maintained under heating unit.
OPERATIONAL STANDARDS
1. 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. IInruly behavior is not permitted in the outdoor dining azea.
4. At the end of the business day establishments aze required to clean (sweep and mop) the area in
and around the outdoor dining area.
5, The hours of operation of an outdoor dining area may not exceed the hours of operation of the
associated food service establishment.
6. 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.
Any modification to We approved plans must be approved by the Planning and Community
Development Department, City Planning Division and the Environmental and Public Works
Management Departmentprior to the implementation of any modification,
$, All provisions of the Agreements must be complied with at all times.
City of
8lantn Dtanios
PURPOSE
CITY OF SANTA 1VHI)NICA
®UTD®OR DINING STANDARIDS
FOR
THTitI) ST12EI+ T I'll®NAD~
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 putpase 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 now services. Business owners must secure 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 si ng ed by the CZ Manager.
ELIGIBLE USES
i. 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 a]I other applicable state and local requirements.
3. Outdoor Dining areas must be designated far combined food and beverage service. Food
must be purchased in order to be served alcohol. All restaurants are required to post
appropriate signage or pxint on the menu: "Food purchase is required in al! 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
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.
2. Allowable areas for outdoor dining are identified in the Illustrations B, C and D. These areas,
which range from six to twelve feet from the building's edge, were established to accommodate
pedestrian flow and fire access paths.
3. The layout of outdoor dining areas shall be in conformance with T1Iustrations E and F, as
applicable.
4. An obstruction free, clear sidewalk area for pedestrian traffic passing through the Promenade is
required. Dirrine areas shall not be permitted in areas where loss than an 8 foot obstruction free
Redestrian area exists between outside the cafd 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 (see Illustrations B, C and D).
5. The elevation of the outdoor dining area shall be the same elevation as the sidewakc; platforms
are not pernutted.
6. Dining areas shall be required to maintain building egress as defined by the Uniform Euilding
Code.
7. Pstablishments 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.
{Refer to Illustrations E, F and G for barrier standazds J.
8. 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, if needed, as by use of recessed sleeves and posts,
or by wheels which can be looked into place (see Illustration G).
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' b", including the top of any
landscaping.
4. Na 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. 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 (b) 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 comer of the
outdoor dining area, or a color/texture inset in the cement along the border of the dining area is
required.
The use of retractable. awnings 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 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 Arhchitectural Review Board.
b. Lighting shall be incorporated into the facade 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 outdoar eating area. (General illumination should be at five
footcandles, with a maximum of ten footcandles.) Table lamps or candles are encouraged.
Wired electrical fixtures 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 inclriding
umbrellas and awnings shall be generally consistent both with the architectural style and colors
used on the building fagade and the quality of the Third Street Promenade fixtums.
8. Bamers 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 identifica&on or menu
sign. The sign must be approved by the Architectural Review Board (ARB) 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 mast 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 rausfbe approved by the Architectural Review Board
and all City and State agencies as applicable prior to the initial construction or implementation of
any modi&cation and must comply with applicable guidelines, then in effect..
OPERATIONAL STANDARDS
1. Restaurant management is responsible fez 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.
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 proved specials on non-alcoholic beverages to designated
drivers. Tt 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 Catifotnia Highway Patrol (designated driver program),
or the Santa Monica Police Departmenk
b. 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 ox 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.
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 alcoho&c 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 midnighk
I0. 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 passersby 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. Un-amplified 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 sot by the City's Noise Ordinance.
14, All provisions of the License Agreement, and any fitture adopted city-wide alcohol policy,
must be complied with aT all times.
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