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~;,Yof City Council Report
Santa Monica
City Council Meeting: July 27, 2010
Agenda Item: 8•
To: Mayor and City Council
From: Eileen P. Fogarty, Planning and Community Development Director
Subject: Modification Ocean Avenue Outdoor Dining Standards to Permit Drop-
. Down Curtains
Recommended Action
Staff recommends that the Council conduct a public hearing and adopt the proposed
modifications to the Ocean Avenue Outdoor Dining Standards to permit drop-down
curtains during certain times of the year and under specified weather conditions.
Executive Summary
On December 8, 2009 the Council discussed the possibility of allowing drop-down
curtains within the outdoor dining areas of restaurants along Ocean Avenue. The
discussion was in response to citations issued to two restaurant owners for having drop-
down curtains within their outdoor dining area. Current Ocean Avenue Outdoor Dining
Standards do not permit such curtains and only allow a barrier and windscreen a total of
5.5' above the adjacent sidewalk. The Council directed staff to return with an option to
allow drop-down curtains under certain limited circumstances that would be reasonably
enforceable while still maintaining the Ocean Avenue pedestrian experience.
Background
Two Ocean Avenue restaurants, Boa and Makai, were cited for using drop-down
curtains to enclose their outdoor dining areas, which is contrary to the Ocean Avenue
Outdoor Dining Standards. The City Attorney prepared a staff report for the December
8, 2009 Council meeting which outlined the existing standards for outdoor dining areas
City-wide, City practice with respect to drop-down curtains on Ocean Avenue, and the
fact that the two restaurant owners have disputed that the Ocean Avenue standards
prohibit drop-downs. These owners have notified the City that they will challenge the
enforcement actions through administrative appeals and court action. The Council
conducted a public hearing, which included testimony from the affected restaurant
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owners, managers, employees and their customers. Following the public hearing and
deliberations, the Council directed staff to consult with the Bayside District Corporation
and restaurant owners and return with a recommendation to allow drop-down curtains
which are:
• Reasonably enforceable;
• Maintain the Ocean Avenue pedestrian environment; and
• Consider Ocean Avenue weather conditions.
Discussion
City staff has considered a variety of options, including times of year, hours and weather
conditions. The issue was reviewed at two Bayside District Land and Asset Committee
meetings, which included restaurant owners in attendance. The key issues have
focused on enforceability, maintaining the pedestrian environment, and retaining the
outdoor dining areas' connection to the public sidewalk.
Recommended Modifications to the Ocean Avenue Outdoor Dining Standards
Climate conditions, including wind, temperature and precipitation, are the main reason
that Ocean Avenue restaurant owners desire drop-down/roll-down curtains. Given the
bluff-top location, the Ocean Avenue weather conditions can be variable and can
change quickly, often when patrons are already seated and in the outdoor public space.
However, standards for use of curtains that are tied strictly to weather conditions, such
as wind or temperature, are an enforcement challenge and would require Code
Compliance staff to take wind speed and temperature readings to confirm compliance
since web-based information on wind speed and temperature, which is often taken at
Santa Monica Pier, is not reliable for the unique climate conditions along Ocean
Avenue.
Staff, therefore, proposes standards that are based upon time of year and easily
discernible weather conditions. As such, staff recommends allowing transparent drop-
down curtains:.
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• After 6:OOpm between November and April;
• After 8:OOpm between May and October; and
• Any time it is raining.
In addition, staff recommends a requirement that drop-down curtains must be replaced
when they become less than transparent (see modified Outdoor Dining Standards for
Ocean Avenue -Attachment A).
Staff believes these standards take into account both the colder temperatures during or
after sunset throughout the year as well as the local rainy season. In addition, once the
curtains are rolled down, the standards require that the outdoor dining areas be
internally lit. This is intended to engage the dining area with Ocean Avenue's
pedestrian environment by providing visibility into the enclosed outdoor dining space.
These time, weather, and lighting standards are also easily enforceable by Code
Compliance staff and retain the essential concept that the outdoor dining areas are
located within a .public space and provide an activity that enhances the Avenue's
cosmopolitan character.
Alternatives
The Council could consider the following alternative standards:
• Permitting drop-down curtains anytime;
• Increasing or reducing the recommended times of year or hours that permit drop-
down curtains; or
• Adding climate conditions, in addition to rain, that would allow the use of the
drop-down curtains.
Public Outreach
Staff attended two Bayside District Land and Asset Committee meetings to discuss
options. Notice of the proposed modifications and the Council hearing was included with
the posting of the Agenda and sent to the affected Ocean Avenue restaurants a
minimum of 10 days prior to the hearing.
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Financial Impacts & Budget Actions
There are no financial impacts or required budget actions associated with the
recommended Council action.
Prepared by: Paul Foley, Principal Planner
Approved:
Forwarded to Council:
' een P. Fogarty
Director, Plannin d C mm nit
Development Department
Attachments:
Rod Gould
City Manager
A. Modified Outdoor Dining Standards-for Ocean Avenue
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City of
Santa Monica'"
CITY OF SANTA MONICA
OUTDOOR DINING STANDARDS
FOR
OCEAN AVENUE
PURPOSE
The purpose of this document into establish standards for outdoor dining on Ocean
Avenue to accommodate pedestrian circulation and meet applicable code requirements
as well as create well-desighed 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), the Resource Management
Department-Economic Development Division ("RMD-EDD") for a License Agreement
and any other appropriate authority independent of the Outdoor Dining Application
process.
NOTE: Installation or construction of outdoor dining enclosures may not begin
until an "Outdoor Dining License Agreement" is signed by the City Manager.
ELIGIBLE USES
1. Restaurant establishments located along designated portions of Ocean
Avenue which provide full menu food services, take out food service, and
specialty food service (e.g., cookies, ice cream) are eligible.
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2. Temporary, mobile or freestanding 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".
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 trees,
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 andlor emergency exit.
4. The elevation of the outdoor dining area shall be at sidewalk level, (i.e. no
platforms) and only semi-permanent barriers shall be permitted.
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. (See Illustration D.)
7. The dining area should promote a visual relationship to Ocean Avenue.
8. License Agreements for the use of the sidewalk shall be issued by the City.
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DESIGN STANDARDS
1. New outdoor dining areas are to be designated by semi-permanent barriers.
Semi-permanent barrier construction must conform to installation standards
and be removable, as by use of recessed sleeves and posts or by wheels
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
Environmental Public Works Management. -
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.
3. 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.)
4. Transparent drop-down _curtains that provide for visibility into the outdoor
dining area may be installed between the valance of the awning and the top
of the windscreen The drop-down curtains may be used after 6:OOpm
November through April after 8~OOpm May through October and when there
is precipitation The outdoor dining area must be internally lit when the
curtains are down Drop-down curtains that become less than transparent
must be replaced.
5. 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.
6. 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) feefi and
no more than fifteen (15) feet of clearance above the floor level. If the depth
of the outdoor dining area is seven (7) feet or less from the building, an
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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 awnings maintenance program shall be submitted to the
ARB as part of the materials submitted with the outdoor dining application.
7. 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 Building and Safety Division.
8. The design materials and colors used for chairs, tables, lighting and other
fixtures including umbrellas, awnings and transparent drop-down curtains
shall be generally consistent both with the architectural style and colors used
on the building fapade. The design must be approved by the Architectural
Review Board (ARB) if appropriate, and the Planning Division. The
Architectural Review Board ("ARB") strongly discourages the use of scallops
and stripes in the design of awnings.
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 ARB and the
Planning Division in accordance with the standards of this document. Product
names may not appear on awnings or umbrellas.
10. 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.
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.
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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 thaYthe establishment
serving alcohol in the outdoor dining area send its food servers and bartenders to
a minimum of one class per year organized by an 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 flooring, must remain clear of litter, food scraps,
and soiled dishes at all times. Where eating establishments provide self-service
or take-out service, the 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 Solid Waste Management
Division of the City.
7. Transparent drop-down curtains may be used after 6~OOpm November through
April after 8~OOpm May through October and when there is precipitation. The
outdoor dining area must be internally lit when the curtains are down. Drop-down
curtains that become less than transparent must be replaced.
8. At the end of the business day establishments are required to clean (sweep and
mop) the area in and around the outdoor dining area.
9. If disposable utensils are used, the restaurant must comply with all applicable
recycling programs of the Environmental Programs Division of the Environmental
and Public Works Management Department.
10.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.
11.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.
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12.AI1 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.
13.Any modification to the approved plans must be approved by the City Planning
Division prior to the implementation of any modification.
14.Outdoor dining areas shall meet all requirements of the Health Department of
Los Angeles County and any other applicable regulations.
15. 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.
16.A11 provisions of the Agreements must be complied with at all times
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