City of Culver City, California
City Council Agenda Item Report
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RECOMMENDATION:
Staff recommends the City Council adopt a resolution (1) revising the Outdoor
Dining Standards and Procedures on the Public Right-of-Way (the “Outdoor Dining
Standards”) to authorize a pay-over time payment plan for Outdoor Dining License
fees; (2) establishing a fee for the use of the pay-over-time payment plan; and (3)
rescinding Resolution No.2008-R073.
BACKGROUND:
On November 3, 2008, City Council approved Resolution No. 2008-R073, which
includes a fee schedule for Outdoor Dining License Agreements that requires
licenses to be paid in full at the beginning of each year. There are approximately
160 restaurants in Culver City, of which approximately 40 currently have outdoor
dining areas subject to these requirements. Many of these licensees have stated
that the increase in fees combined with the brief time between enactment and
collection has created a significant financial burden upon their business.
DISCUSSION:
The City Council has recently been approached at Council Meetings by residents
and business owners who have voiced their concerns, given the current economic
Meeting Date: 02/17/09 Item Number: A-1
AGENDA ITEM: Approval of a Resolution (1) Revising the Outdoor Dining
Standards and Procedures on the Public Right-of-Way to Authorize the Use of a
Pay-Over-Time Payment Plan for the Outdoor Dining License Fees; (2)
Establishing a Fee for the Use of the Pay-Over-Time Payment Plan; and (3)
Rescinding Resolution 2008-R073.
Contact Person/Dept.: Glenn Heald
Redevelopment
Phone Number: (310) 253-5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Downtown Business Association (02/04/09); Culver City Chamber of
Commerce (02/04/09); Master E-Mail Notification List (02/11/09).
Department Approval:
Sol Blumenfeld/CDD Director (02/11/09)
Charles Herbertson/PW Director ()
City Attorney Approval:
Carol Schwab (by H. Baker) (02/11/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)
City Manager Approval:
Jerry B. Fulwood (02/11/09) City of Culver City, California
City Council Agenda Item Report
A1-2
situation, over their ability to pay certain City levied fees and taxes. This includes
the restaurant owners.
Further, the Council may want to consider the additional financial burden the
November 2008 adoption of increased outdoor dining license fees may place upon
some licensees. In order to address the concerns of the City’s restaurant
businesses, staff recommends the City Council authorize a pay-over-time payment
plan for the payment of the annual license fee for Outdoor Dining License
Agreements. Outdoor Dining Licenses will continue to be issued on a calendar year
basis and expire on December 31
st
of each year. License holders may determine to
“opt-into” the pay-over-time payment plan or pay the total annual fee for any
calendar year in one payment prior to March 1
st
.
Staff is recommending the Outdoor Dining Standards be amended to provide for
2009 Outdoor Dining License fees to be paid in full on or before March 1
st
of 2009,
and thereafter in full on or before January 1
st
of each calendar year; or, alternatively,
in accordance with a “Pay-Over-Time Payment Plan” (“Payment Plan”) as such
Payment Plan may be authorized by the City Council.
Staff further recommends that participation in the Payment Plan be subject to a flat
Payment Plan Processing Fee in the amount of $1.50 per month (i.e. $18 per year
per business participating in the payment plan) to cover administration and
processing costs. This Payment Plan Processing Fee will be established by
resolution of the City Council and will be reviewed annually. Additionally, a late fee
of 20% of the invoiced amount, excluding the Payment Plan Processing Fee, will be
incurred if payment is not received by the first of each month.
Potential Application of a Pay-Over-Time Payment Plan to Other City Fees
As mentioned by staff at the February 9, 2009 City Council meeting, it is staff’s
intention to present a similar Plan for the City Council’s consideration that, if
adopted, would apply to certain other fees and charges assessed by the City. It is
expected this item will be presented to the City Council on March 2, 2009.
FISCAL ANALYSIS:
The City currently has 36 valid Outdoor Dining License Agreements and four
applications pending, representing potential annual Outdoor Dining License
Agreement fees totaling approximately $120,000.
By implementing the Payment Plan and associated Payment Plan Processing Fee, it
is expected there would be no net fiscal impact to the City. Additionally, by City of Culver City, California
City Council Agenda Item Report
A1-3
authorizing the Payment Plan, some businesses which might otherwise not be able
to pay the amount due in one lump sum and potentially close their sidewalk dining
area, may be able to make the payments if allowed to do so over time. This would
result in increased collection of the fees and a higher probability that the outdoor
dining areas would remain.
The process of billing monthly will increase the amount of staff time spent preparing
invoices and processing payments over that of annual billing, but staff believes the
Processing Fee will offset the additional costs that may be incurred. The process
and staff time will be reviewed and adjusted annually to ensure that the Payment
Plan Processing Fee is sufficient to cover the cost to implement the program.
ATTACHMENTS:
1. Proposed Resolution
2. Resolution R2008-R073
MOTION:
That the City Council:
1. Approve a Resolution (1) revising the Outdoor Dining Standards and
Procedures on the Public Right-of-Way to authorize the use of a pay-over-
time payment plan; (2) establishing a fee for the use of the pay-over-time
payment plan; and (3) rescinding Resolution No. 2008-R073.
02/17/09
Approval of a Resolution Revising the Outdoor Dining
Standards and Procedures on the Public Right-of-Way for
Outdoor Dining License Agreements with a Revised
Payment Schedule for the Annual Fees.
MEETING DATE
AGENDA ITEM:
ATTACHMENTS
Pages
1. Resolution R2009- Revising the Outdoor Dining Standards 1-13
and Procedures on the Public Right-of-Way to Allow the
Annual Outdoor Dining License Fee to be Billed in Monthly
Installments and Rescinding Resolution 2008-R073.
2. Resolution R2008-R073, New Outdoor Dining Standards
14-26
and Procedures for the Public Right-of-Way, approved
by Council November 3, 2008.Attachment 1
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ADOPTING THE NEW
OUTDOOR DINING STANDARDS AND PROCEDURES AND
RESCINDING RESOLUTION NO. 2008-R073.
WHEREAS, the City Council has enacted procedures in Chapter 9.08 of the Culver
City Municipal Code to permit the use of City sidewalks for outdoor dining under certain
circumstances; and
WHEREAS, the Municipal Code requires the City Council to establish standards
and procedures for the design and operation of outdoor dining areas by adoption of a
Resolution; and
WHEREAS, the City Council desires to update these standards and procedures.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES
HEREBY RESOLVE as follows:
SECTION 1. The Outdoor Dining Standards and Procedures, attached
hereto as Exhibit A and incorporated herein by reference, are hereby approved and shall
be effective on the date of the adoption of this Resolution.
SECTION 2. Resolution No. 2008-R073 is hereby rescinded.
Approved and Adopted this day of February, 2009.
D. SCOTT MALSIN, Mayor
ATTEST: APPROVED AS TO FORM:
Martin Cole, City Clerk Carol Schwab, City Attorney|101010101010101010 10
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28Exhibit A
OUTDOOR DINING STANDARDS AND
PROCEDURES ON THE PUBLIC RIGHT-OF-WAY
January 29, 2009
PUBLIC WORKS DEPARTMENT / Engineering Division
and
COMMUNITY DEVELOPMENT DEPARTMENT / Planning DivisionContents
I. INTRODUCTION
IL APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure - Review and Approval
B. Renewal Procedure
III. DESIGN STANDARDS|101010|A. Sidewalk 3
B. Dining Area 4
C. Parking 5
D. Grade 5
E. Barriers 5
F. Furniture, Lighting and Signs 6
G. Awnings 7
H. Landscaping 7
IV. STANDARDS OF OPERATION 8
V. NON-CONFORMING USES
8
VI. MODIFICATIONS AND EXTENSIONS
9
VII. ENFORCEMENT
10I. INTRODUCTION
A. An outdoor dining area is a place on the public sidewalk where patrons may
consume food and/or beverages provided by an adjacent food service
establishment. Such establishments may either provide table service in the
outdoor dining area or sell take-out items consumed in the outdoor dining area.
B. The Outdoor Dining Standards and Procedures are intended to encourage
appropriate outdoor dining activities that will help create and maintain a dynamic
business area that is of benefit to the customer, the business, and the City. Use
of the public right-of-way for outdoor dining activities may only occur pursuant to
an Outdoor Dining License Agreement. As provided in Section 9.08.035(C) of
the Culver City Municipal Code, the City Engineer is authorized to approve an
Outdoor Dining License Agreement application and to execute an Outdoor Dining
License Agreement on behalf of the City. As a revocable, annually-renewed
permit process, the Outdoor Dining License Agreement is intended to be made
available to restaurants — and other select commercial uses citywide as may be
approved by the City Engineer and as recommended by the Community
Development Director or designee — so as to increase the floor area of their
business by placing tables, chairs and other related improvements within the
adjoining public right-of-way provided the standards contained herein are
maintained in addition to all other applicable rules and regulations as may be
listed in the Culver City Municipal Code (CCMC).
C. These standards and procedures regulate the design and operation of outdoor
dining areas in the public right-of-way in Culver City and do not apply to outdoor
dining on private property. In addition, they do ,not provide information on all
government agency requirements for starting a new restaurant or expanding an
existing one. Business owners must secure the appropriate licenses and permits
from the State Alcoholic Beverage Control Board, Los Angeles County Health
Department, and the City of Culver City Planning Division, Building Safety
Division, Fire Department, Engineering Division, and the Finance Department's
Business Tax Division.
G. Outdoor Dining License Agreements are not transferable, delegable or
assignable. In the event of a transfer of the business, the transferee shall apply
to the City Engineer for a new License Agreement prior to the effective date of
the transfer.
H. Upon termination of the Outdoor Dining License Agreement, the licensee shall
immediately remove the barriers around the outdoor dining area, return the
sidewalk to its original condition or a condition deemed acceptable by City
Engineer, and remove all personal property, furnishings, and equipment from the
sidewalk.
LIU. APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure
1. A Sidewalk Café Application Packet for an Outdoor Dining License
Agreement may be obtained from, and must be submitted to, the Culver City
Engineering Division of the Public Works Department.
2. A Sidewalk Café Application Packet, when submitted, shall include all
necessary exhibits. The required seating layout plans shall be drawn to scale
in an 8 1/2 inch by 11 inch format.
3. An application fee in an amount determined by resolution of the City Council
shall be paid at the time the application is submitted to the Engineering
Division. Application fees shall be prorated to reflect payment in full for the
remaining months of the calendar year and the month during which the
Outdoor Dining License Agreement is to become effective.
4. The Applicant (Licensee) shall obtain and maintain in force during the life of
the Outdoor Dining License Agreement comprehensive general liability, broad
form property damage and blanket contractual liability insurance in a
combined single limit amount, per claim and aggregate, of at least one million
dollars ($1,000,000) covering the applicant's operations on the sidewalk.
Such insurance shall name, on a Special Endorsement form, the City, its
elected officials, appointed boards, officers, agents and employees as
additionally insured. A Certificate of Insurance shall contain provisions that
prohibit cancellation, modification, or lapse without thirty (30) days prior
written notice to the City. Both the Certificate of Insurance and the completed
standard Special Endorsement form shall be submitted with the completed
application for an Outdoor Dining License Agreement. Failure to maintain
general liability insurance is grounds for revocation of permit.
5. The Applicant (Licensee) shall obtain and maintain in force for the life of the
Outdoor Dining License Agreement Worker's Compensation insurance with
statutory limits, and employer's liability insurance with limits of not less than
one million dollars ($1,000,000) per accident.
6. A maintenance deposit, in an amount determined by the City Engineer to be
adequate to pay for the replacement of the sidewalk paving and any fixtures
within the outdoor dining area, shall be paid to the City at the time the
Outdoor Dining License Agreement is executed. It is the responsibility of the
Licensee to maintain sidewalk paving and fixtures within the outdoor dining
area in the condition they are in at the time of licensing. The Licensee shall
be responsible for any repairs required as a result of the Licensee's use of the
area. Upon termination of the License Agreement and inspection of the
paving and fixtures by the Engineering Division, the deposit shall be refunded
to the Licensee less any offset for repairs.
27. Engineering Division staff shall obtain the concurrence of all applicable City
staff including, but not limited to, the City Attorney's Office and Planning
Division before approving any Outdoor Dining License Agreement.
Engineering staff shall attempt in good faith to assist the applicant in resolving
any problems with the application.
8. The Outdoor Dining License Agreement shall not become effective until the
license agreement is signed by all parties, including the property owner, all
required documents and exhibits are submitted to the Engineering Division,
and all monies due are paid to the City.
9. Only after the Licensee has received a copy of the executed license
agreement and after all of the above required application procedures are
completed to the satisfaction of the Engineering Division shall any
construction of the subject outdoor dining area or any work in the public right-
of-way begin. All work within the public right-of-way related to the outdoor
dining area shall be in accordance with the approved license agreement.
Once all work has been completed, the Licensee shall request a final
inspection from the Engineering Division. Only after having received approval
of a final inspection shall the Licensee allow public access to the subject
outdoor dining area. Said outdoor dining area shall be permanently
maintained consistent with the terms of the license agreement.
B. Renewal Procedure
1. Outdoor Dining License Agreements shall expire on December 31 st of
each calendar year. Annual renewal fees for licenses shall be paid on a
monthly basis, prorated over ten payments beginning on March 1, 2009 for
2009 licenses, and in twelve monthly payments commencing January 1,
2010, and continuing annually thereafter, due by the first day of each
month. Late payments shall be subject to penalties of 20 percent of the
total amount due. Failure to pay monthly fees in full within ten (10) days of
the due date may result in suspension or revocation of the Outdoor Dining
License Agreement as authorized in Section VII(C).
2. It shall be the Licensee's responsibility to submit all annual renewal forms and
monthly payments no later than the due date stipulated.
III. DESIGN STANDARDS
The following design standards shall apply to any outdoor dining area within the public
right-of-way:
A. Sidewalk
As used herein, pedestrian path or pedestrian passageway means a continuous
obstruction-free sidewalk area, paved to City standards, between the outside
3boundary of the dining area and any obstruction, including but not limited to
parking meters, street trees, landscaping, street lights, bus benches, public art,
and curb lines.
1. In the Downtown Zone (CD), the barriers (or the outermost boundary of the
permitted dining area in the absence of barriers) shall be a minimum eight
foot (8'-0") distance from the nearest street curb, with a minimum four foot (4'-
0") wide unobstructed pedestrian passageway. Said barrier to curb distance
may be reduced if both the City Engineer and the Community Development
Director or designee determines there are unique circumstances along the
subject street frontage, but at no time shall the pedestrian passageway be
less than four feet (4'-0") in width.
2. For all areas outside of the Downtown Zone (CD), at no time shall the
pedestrian passageway be less than four feet (4'-0") in width.
3. The outdoor dining area shall be accessible to the disabled in accordance
with ADA standards. The buildings adjacent to the outdoor dining area shall
maintain building egress as defined by the Uniform Building Code and State
of California Title 24 Disabled Access Standards. Disabled access standards
may be incorporated into the Outdoor Dining License Agreement.
B. Dining Area
1. The maximum dimensions of an outdoor dining area shall be limited as
follows:
a. The outdoor dining area shall not exceed the width of the tenant space
along the street-facing property line.
b. When an outdoor dining area is located on a corner, the outdoor dining
area shall not be permitted within five feet (5`-0") of the corner of the
building along both frontages. When an outdoor dining area is located
adjacent to a driveway or an alley, the outdoor dining area shall not be
permitted within five feet (5'4') of the driveway or alley. These
requirements may be modified at the discretion of the City Engineer in
locations where the sidewalk adjacent to the proposed outdoor dining
area is wider than usual or where the perimeter of the building has an
unusual configuration.
c. The final configuration of the outdoor dining area shall be subject to
approval by the City Engineer as recommended by the Community
Development Director or designee, who shall consider public safety
and municipal code compliance relative to the specific location.
2. The outdoor dining area shall only contain tables, chairs, umbrellas or other
weather protection devices, planters, trash receptacles, stanchions or other
approved barriers, heaters and menu boards.
43. Establishments that serve alcoholic beverages in the outdoor dining area
shall provide a physical barrier that meets the requirements of this document
and of the Alcoholic Beverage Control Board (it is the responsibility of the
applicant to research and verify design compliance with the Alcoholic
Beverage Control Board prior to submitting an application for an Outdoor
Dining License Agreement).
C. Parking
Applicants shall submit a parking plan consistent with the CCMC.
D. Grade
All portions of the outdoor dining area shall be fully compliant with the Building
Code and shall be located at the same elevation as the adjoining public right-of-
way unless otherwise expressly approved by the City Engineer.
E. Barriers
No barrier shall be required if the applicant proposes to limit the outdoor dining
area to one row of tables and chairs abutting the wall of the establishment and if
no alcohol will be served. Chairs must remain parallel to the building. The
permitted size of the outdoor dining area shall be determined by measuring from
the building to the outside table edge and from four feet (4'4') beyond the
outermost table edges in a straight line parallel to the building. All other
clearances, standards and restrictions in this Section (Ill) shall apply.
Unless subject to the above conditions, outdoor dining areas shall be surrounded
by a physical barrier conforming to the following:
1. Barriers shall conform to the City Engineer's installation standards and be
removable. Barriers need not be removed each evening, but shall be capable
of being removed, if need be, through the use of recessed sleeves and posts,
or by wheels that can be locked into place, or by other such means as will
allow removal if necessary.
2. Any modification(s) to the surface of public sidewalks, such as borings for
recessed sleeves, shall be approved in advance by the City Engineer.
3. Barriers shall not exceed three feet-six inches (3'-6") in height.
4. Barriers shall not enclose any handicapped-use ramp or corresponding
threshold, street tree or tree well, street light or other improvement within the
public right-of-way with the exception of a pull box and/or vault cover as may
be permitted by the City Engineer or applicable public utility.
55. Barriers shall not enclose any historic plaque, public art or similar
improvement unless deemed acceptable by the City's Public Art and Historic
Preservation Coordinator and a clear continuous pedestrian pathway not less
than four feet (4'-0") in width is provided to and from such improvements and
the edge of the outdoor dining area.
6. Barriers shall be of a wrought iron, metal, wooden, open rail and/or metal
cable design.
7. Barriers shall be of a color consistent with or complementary to the subject
building facade.
8. Signage or lighting elements attached to the barrier shall be prohibited.
9. Other barrier materials and components (i.e., landscape planters) may be
used if deemed acceptable by both the City Engineer and the Community
Development Director.
10. The use of any plastic, fabric or other material to further enclose the outdoor
dining area shall be prohibited with the exception of wind and/or sun screens
as described in Section G below.
F. Furniture, Lighting and Signs
The furniture and other equipment to be used within the outdoor dining area shall
be as follows:
1. The design, materials, and colors used for chairs, tables, umbrellas, trash
receptacles and other fixtures shall be of a uniform design, not include any
lettering or graphics and should complement the architectural style and colors
of the building facade and any street furniture.
2. Umbrellas shall not project beyond the barriers of the outdoor dining area.
3. One (1) free-standing menu board may be displayed, which shall have no
more than two (2) faces with a total surface are of six (6) square feet of area
per face, and shall not be placed higher than five feet (5'-0") above the
sidewalk. Menu boards shall not be placed outside of the approved outdoor
dining area. Sandwich-board displays shall be prohibited.
4. Portable heaters or wall mounted heaters shall be of a uniform design and
color, shall not project beyond the physical limits of the outdoor dining area,
and require written approval by the Fire Marshal prior to placement within the
outdoor dining area.
5. All exterior lighting shall be directed onto the subject site and be of a
maximum height and fixed in such direction as to not impact abutting uses
and traffic.|1010|96. Lighting fixtures shall be either wall mounted or free standing and shall be of
a uniform design and color.
7. Lighting fixtures in outdoor dining areas require an electrical permit from the
Building Safety Division and shall be installed by a licensed electrician.
G. Awnings
Awnings are not included in the Outdoor Dining License Agreement, but require a
permit from the Community Development Building Safety Division and must meet
all Building Safety Division and Planning Division requirements. The installation
of awnings within outdoor dining areas shall be permitted as follows:
1. Awnings must be attached to the building facade.
2. Awning support elements attached onto the top of sidewalk shall be
prohibited.
3. The design, materials, and colors used for awnings shall be of a uniform
design and solid color, and should complement the architectural style and
colors of the building facade and street furniture.
4. Wind and/or sun screens attached to an awning may be permitted, but are
limited to a durable clear plastic material devoid of any patterns, markings
and/or text, and must be constructed in such manner as to be easily detached
through the use of grommets, zippers, or other quick-release fastening
devices.
5. Signage, if provided, shall be as permitted in the CCMC and be subject to a
sign permit from the Planning Division prior to installation.
H. Landscaping
The use of landscaping within the outdoor dining area is encouraged either as
part of the barrier or within the outdoor dining area. Said landscaping shall be
provided as follows:
1. Landscape elements shall not exceed three feet six inches (3'-6") in height
(i.e., landscaping and planter box heights combined) measured from the top
of sidewalk, and shall not project beyond the physical limits of the outdoor
dining area.
2. Landscaping elements and plants shall be of species absent of any thorns or
other components that may be harmful to pedestrians.
3. Planter boxes, if used, shall be uniform in size and shape and be of a color
consistent with or complementary to the subject building facade. Potted plants|1010|( 0shall have saucers or other suitable systems to retain seepage and be
elevated to allow for air flow of at least one inch (1") between saucer and
sidewalk.
4. Landscape elements shall include use of an irrigation and drainage system as
deemed acceptable by the City Engineer that does not drain across any part
of the right-of-way or sidewalk.
IV. STANDARDS OF OPERATION
A. Outdoor dining areas shall be operated in a manner that meets all requirements
of the Los Angeles County Health Department and other applicable regulations.
B. Outdoor dining areas shall be continuously supervised by management. Patrons
are prohibited from disturbing customers or passersby on the adjacent right-of-
way by loud, boisterous, and unreasonable noise, offensive words or disruptive
behavior.
C. Restaurant management shall keep the outdoor dining area clear of litter, food
scraps, and soiled dishes and utensils at all times. Trash receptacles shall be
provided in outdoor dining areas used for consuming take-out items.
D. The applicant shall be responsible for maintaining the public right-of-way
adjacent to the outdoor dining area so as to keep it free of litter, including any
curbside and onsite parking area.
E. At the end of each business day, establishments are required to clean (sweep
and mop) the area in and around the outdoor dining area and remove the debris
to a closed receptacle. No debris shall be swept, washed, or blown into the
sidewalk, gutter or street.
F. If disposable materials are used, the establishment shall comply with all
applicable City recycling programs.
G. Plants shall be maintained and replanted as needed to maintain a vibrant
appearance.
H. Awnings and umbrellas shall be washed whenever dirty and a minimum of twice
per year.
I. Unamplified musical instruments or sound reproduction systems are permitted in
outdoor dining areas, but shall be maintained at sufficiently low volumes so as
not to unduly intrude on neighboring businesses, residents, or users of the public
right-of-way beyond the outdoor dining area. Licensees must maintain in good
standing any entertainment permit required by the City.
8J. Sale of alcoholic beverages in outdoor dining areas shall comply with Section
17.400.015 of the CCMC.
V. NON-CONFORMING USES
Existing outdoor dining areas in operation prior to the effective date of these standards
via a valid Outdoor Dining License Agreement may stay in place in their existing format
for as long as the license agreement is maintained in valid condition. Thereafter, the
following shall be required:
A. For those existing locations where the current Licensee is seeking approval of an
extension to a lapsed License Agreement, all improvements not in compliance
with these new standards shall be modified at the sole cost to the current
Licensee and said extension to the current License Agreement shall not be
extended until written confirmation has been issued by the City Engineer and
Community Development Director or designee as to the completion of all
required modifications; and
B. For those existing locations where a new Licensee is seeking approval of a new
License Agreement, all improvements not in compliance with these new
standards shall be modified at the sole cost to the new Licensee and said new
License Agreement shall not be issued until written confirmation has been issued
by the City Engineer and Community Development Director or designee as to the
completion of all required modifications.
VI. MODIFICATIONS AND EXTENSIONS
A Licensee may submit to the Engineering Division an application to either modify
and/or extend an existing Outdoor Dining License Agreement as follows:
A. Modifications to Existing Outdoor Dining License Agreements
No modification and/or change to any component of an approved License
Agreement shall occur unless the Licensee has submitted a prior written request
to the City Engineer outlining the proposed modification(s) with all applicable
revised documents, attachments and fees. Only after said modification(s) have
been approved by the City Engineer and all required revision(s) to the License
Agreement and/or the subject exhibits and payment of applicable fees have been
completed to the satisfaction of the Engineering Division shall said
modification(s) be performed.
B. Extensions to Existing Outdoor Dining License Agreements
Prior to expiration of the initial term of approval, subsequent one (1) year
extensions may be considered by the City following the Licensee's filing with the
9Engineering Division for such extension request — with all required updated
forms, attachments and fees — no less than thirty (30) days prior to the then
current License Agreement expiration date. All terms and conditions of the
current License Agreement shall be subject to review and revision as may be
deemed appropriate by the City Engineer including, but not limited to, the
following:
1. The length and depth of the outdoor dining area;
2. The clearance width of the abutting public sidewalk;
3. The public improvements located within the outdoor dining area;
4. The location, type and number of components within the outdoor dining area
(i.e., barricade, tables, chairs, umbrellas, heaters and landscaping); and,
5. The amount of insurance coverage, outdoor dining license fee, maintenance
deposit, and all other fees either existing and/or to be established in the future
by applicable City Council action may be increased.
VII ENFORCEMENT
A. All plans, permits and conditions of approval for the outdoor dining area
approved by the City shall be kept on the premises at all times and shall be
produced for inspection immediately upon request by officers, agents or
inspectors of the Enforcement Services Division, Planning Division, Engineering
Division, Building Safety Division, Police Department, or any other governmental
enforcement agency.
B. Notwithstanding the allowance to construct private improvements within the
public right-of-way via these outdoor dining standards, the tenant and/or property
owner shall provide the City and all its representatives with reasonable and
immediate access to any part of the outdoor dining area while in the course of
conducting official city business.
C. Notice of violation of the outdoor dining design standards, standards of operation,
or renewal procedure shall be made in writing to the Licensee by any Code
Enforcement Officer, Public Works Inspector, or Building Inspector of the City. A
copy of the notice shall be filed with the City Engineer. The Licensee shall
immediately cure the violation upon receipt of notice. If the violation is not cured
within ten (10) days after issuance of the notice to the Licensee, the City
Engineer may suspend or revoke the License Agreement.
D. The City retains the right to revoke an Outdoor Dining License Agreement upon
thirty (30) days notice, regardless of compliance with these provisions.
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RESOLUTION NO. 2008-R073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ADOPTING THE NEW
OUTDOOR DINING STANDARDS AND PROCEDURES
AND RESCINDING RESOLUTION NO. 96-R008.
WHEREAS, the City Council has enacted procedures in Chapter 9.08 of the
Culver City Municipal Code to permit the use of City sidewalks for outdoor dining under
certain circumstances; and
WHEREAS, the Municipal Code requires the City Council to establish
standards and procedures for the design and operation of outdoor dining areas by adoptior
of a Resolution; and
WHEREAS, the City Council desires to update these standards and
procedures.
NOW. THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
The Outdoor Dining Standards and Procedures, attached hereto as
Exhibit A and incorporated herein by reference, are hereby approved and shall be effective
on the date of the adoption of this Resolution.
2. Resolution No. 96-R008 is hereby rescinded.
Approved and Adopted this 3rd day of November , 2008.
APPROVED AS TO FORM:
e I.
utiv,
iv Carol Schwab, City Attorney
D. SCOTT MALSIN, Mayor
ATTEST:
_ 6.4
Martin Cole, City Clerk
A08-00438
2003— R073Exhibit A
OUTDOOR DINING STANDARDS AND
PROCEDURES ON THE PUBLIC RIGHT-OF-WAY
November 04, 2008
PUBLIC WORKS DEPARTMENT I Engineering Division
and
COMMUNITY DEVELOPMENT DEPARTMENT / Planning DivisionContents
I. INTRODUCTION
1
II. APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure - Review and Approval 2
B. Renewal Procedure
3
III. DESIGN STANDARDS
A. Sidewalk 3
B. Dining Area 4
C. Parking 5
D. Grade 5
E. Barriers 5
F. Furniture, Lighting and Signs 6
G. Awnings 7
H. Landscaping 7
IV. STANDARDS OF OPERATION 8
V. NON-CONFORMING USES 8
VI. MODIFICATIONS AND EXTENSIONS 9
VII. ENFORCEMENT 10
k(4)I. INTRODUCTION
A. An outdoor dining area is a place on the public sidewalk where patrons may
consume food and/or beverages provided by an adjacent food service
establishment. Such establishments may either provide table service in the
outdoor dining area or sell take-out items consumed in the outdoor dining area.
B. The Outdoor Dining Standards and Procedures are intended to encourage
appropriate outdoor dining activities that will help create and maintain a dynamic
business area that is of benefit to the customer, the business, and the City. Use
of the public right-of-way for outdoor dining activities may only occur pursuant to
an Outdoor Dining License Agreement. As provided in Section 9.08.035(C) of
the Culver City Municipal Code, the City Engineer is authorized to approve an
Outdoor Dining License Agreement application and to execute an Outdoor Dining
License Agreement on behalf of the City_ As a revocable, annually-renewed
permit process, the Outdoor Dining License Agreement is intended to be made
available to restaurants — and other select commercial uses citywide as may be
approved by the City Engineer and as recommended by the Community
Development Director or designee — so as to increase the floor area of their
business by placing tables, chairs and other related improvements within the
adjoining public right-of-way provided the standards contained herein are
maintained in addition to all other applicable rules and regulations as may be
listed in the Culver City Municipal Code (CCMC).
C. These standards and procedures regulate the design and operation of outdoor
dining areas in the public right-of-way in Culver City and do not apply to outdoor
dining on private property. In addition, they do not provide information on all
government agency requirements for starting a new restaurant or expanding an
existing one. Business owners must secure the appropriate licenses and permits
from the State Alcoholic Beverage Control Board, Los Angeles County Health
Department, and the City of Culver City Planning Division, Building Safety
Division, Fire Department, Engineering Division, and the Finance Department's
Business Tax Division.
G. Outdoor Dining License Agreements are not transferable, delegable or
assignable. In the event of a transfer of the business, the transferee shall apply
to the City Engineer for a new License Agreement prior to the effective date of
the transfer.
H. Upon termination of the Outdoor Dining License Agreement, the licensee shall
immediately remove the barriers around the outdoor dining area, return the
sidewalk to its original condition or a condition deemed acceptable by City
Engineer, and remove all personal property, furnishings, and equipment from the
sidewalk.II. APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure
1. A Sidewalk Café Application Packet for an Outdoor Dining License
Agreement may be obtained from, and must be submitted to, the Culver City
Engineering Division of the Public Works Department.
2. A Sidewalk Café Application Packet, when submitted, shall include all
necessary exhibits. The required seating layout plans shall be drawn to scale
in an 8 1/2 inch by 11 inch format.
3. An application fee in an amount determined by resolution of the City Council
shall be paid at the time the application is submitted to the Engineering
Division. Application fees shall be prorated to reflect payment in full for the
remaining months of the calendar year and the month during which the
Outdoor Dining License Agreement is to become effective.
4. The Applicant (Licensee) shall obtain and maintain in force during the life of
the Outdoor Dining License Agreement comprehensive general liability, broad
form property damage and blanket contractual liability insurance in a
combined single limit amount, per claim and aggregate, of at least one million
dollars ($1,000,000) covering the applicant's operations on the sidewalk.
Such insurance shall name, on a Special Endorsement form, the City, its
elected officials, appointed boards, officers, agents and employees as
additionally insured. A Certificate of Insurance shall contain provisions that
prohibit cancellation, modification, or lapse without thirty (30) days prior
written notice to the City. Both the Certificate of Insurance and the completed
standard Special Endorsement form shall be• submitted with the completed
application for an Outdoor Dining License Agreement. Failure to maintain
general liability insurance is grounds for revocation of permit.
5. The Applicant (Licensee) shall obtain and maintain in force for the life of the
Outdoor Dining License Agreement Worker's Compensation insurance with
statutory limits, and employer's liability insurance with limits of not less than
one million dollars ($1,000,000) per accident.
6. A maintenance deposit, in an amount determined by the City Engineer to be
adequate to pay for the replacement of the sidewalk paving and any fixtures
within the outdoor dining area, shall be paid to the City at the time the
Outdoor Dining License Agreement is executed. It is the responsibility of the
Licensee to maintain sidewalk paving and fixtures within the outdoor dining
area in the condition they are in at the time of licensing. The Licensee shall
be responsible for any repairs required as a result of the Licensee's use of the
area. Upon termination of the License Agreement and inspection of the
paving and fixtures by the Engineering Division, the deposit shall be refunded
to the Licensee less any offset for repairs.
27. Engineering Division staff shall obtain the concurrence of all applicable City
staff including, but not limited to, the City Attorney's Office and Planning
Division before approving any Outdoor Dining License Agreement.
Engineering staff shall attempt in good faith to assist the applicant in resolving
any problems with the application.
8. The Outdoor Dining License Agreement shall not become effective until the
license agreement is signed by all parties, including the property owner, all
required documents and exhibits are submitted to the Engineering Division,
and all monies due are paid to the City.
9. Only after the Licensee has received a copy of the executed license
agreement and after all of the above required application procedures are
completed to the satisfaction of the Engineering Division shall any
construction of the subject outdoor dining area or any work in the public right-
of-way begin. All work within the public right-of-way related to the outdoor
dining area shall be in accordance with the approved license agreement.
Once all work has been completed, the Licensee shall request a final
inspection from the Engineering Division. Only after having received approval
of a final inspection shall the Licensee allow public access to the subject
outdoor dining area. Said outdoor dining area shall be permanently
maintained consistent with the terms of the license agreement.
B. Renewal Procedure
I All Outdoor Dining License Agreements shall expire on December 31 st of
each calendar year. Renewal fees shall be due in full no later than the last
day in February of each year. Late payments shall be delinquent and are
subject to late payment penalties as prescribed by resolution of the City
Council.
2. It shall be the Licensee's responsibility to submit renewal form(s) and
payment in full.
ill. DESIGN STANDARDS
The following design standards shall apply to any outdoor dining area within the public
right-of-way:
A. Sidewalk
As used herein, pedestrian path or pedestrian passageway means a continuous
obstruction-free sidewalk area, paved to City standards, between the outside
boundary of the dining area and any obstruction, including but not limited to
parking meters, street trees, landscaping, street lights, bus benches, public art,
and curb lines.|1010|(91. In the Downtown Zone (CD), the barriers (or the outermost boundary of the
permitted dining area in the absence of barriers) shall be a minimum eight
foot (8'-0") distance from the nearest street curb, with a minimum four foot (4'-
0") wide unobstructed pedestrian passageway. Said barrier to curb distance
may be reduced if both the City Engineer and the Community Development
Director or designee determines there are unique circumstances along the
subject street frontage, but at no time shall the pedestrian passageway be
less than four feet (4'-0") in width.
2. For all areas outside of the Downtown Zone (CD), at no time shall the
pedestrian passageway be less than four feet (4'-0") in width.
3. The outdoor dining area shall be accessible to the disabled in accordance
with ADA standards. The buildings adjacent to the outdoor dining area shall
maintain building egress as defined by the Uniform Building Code and State
of California Title 24 Disabled Access Standards. Disabled access standards
may be incorporated into the Outdoor Dining License Agreement.
B. Dining Area
1. The maximum dimensions of an outdoor dining area shall be limited as
follows:
a. The outdoor dining area shall not exceed the width of the tenant space
along the street-facing property line.
b. When an outdoor dining area is located on a corner, the outdoor dining
area shall not be permitted within five feet (5'-0") of the corner of the
building along both frontages. When an outdoor dining area is located
adjacent to a driveway or an alley, the outdoor dining area shall not be
permitted within five feet (5'-0") of the driveway or alley. These
requirements may be modified at the discretion of the City Engineer in
locations where the sidewalk adjacent to the proposed outdoor dining
area is wider than usual or where the perimeter of the building has an
unusual configuration.
c. The final configuration of the outdoor dining area shall be subject to
approval by the City Engineer as recommended by the Community
Development Director or designee, who shall consider public safety
and municipal code compliance relative to the specific location,
2. The outdoor dining area shall only contain tables, chairs, umbrellas or other
weather protection devices, planters, trash receptacles, stanchions or other
approved barriers, heaters and menu boards. .
3. Establishments that serve alcoholic beverages in the outdoor dining area
shall provide a physical barrier that meets the requirements of this document
and of the Alcoholic Beverage Control Board (it is the|1010|2.t)responsibility of the applicant to research and verify design compliance with
the Alcoholic Beverage Control Board prior to submitting an application for an
Outdoor Dining License Agreement).
C. Parking
Applicants shall submit a parking plan consistent with the CCMC.
D. Grade
All portions of the outdoor dining area shall be fully compliant with the Building
Code and shall be located at the same elevation as the adjoining public right-of-
way unless otherwise expressly approved by the City Engineer.
E. Barriers
No barrier shall be required if the applicant proposes to limit the outdoor dining
area to one row of tables and chairs abutting the wall of the establishment and if
no alcohol will be served. Chairs must remain parallel to the building. The
permitted size of the outdoor dining area shall be determined by measuring from
the building to the outside table edge and from four feet (4'-0") beyond the
outermost table edges in a straight line parallel to the building. All other
clearances, standards and restrictions in this Section (Ill) shall apply.
Unless subject to the above conditions, outdoor dining areas shall be surrounded
by a physical barrier conforming to the following:
1. Barriers shall conform to the City Engineer's installation standards and be
removable. Barriers need not be removed each evening, but shall be capable
of being removed, if need be, through the use of recessed sleeves and posts,
or by wheels that can be locked into place, or by other such means as will
allow removal if necessary.
2. Any modification(s) to the surface of public sidewalks, such as borings for
recessed sleeves, shall be approved in advance by the City Engineer.
3. Barriers shall not exceed three feet-six inches (3'-6") in height.
4. Barriers shall not enclose any handicapped-use ramp or corresponding
threshold, street tree or tree well, street light or other improvement within the
public right-of-way with the exception of a pull box and/or vault cover as may
be permitted by the City Engineer or applicable public utility.
5. Barriers shall not enclose any historic plaque, public art or similar
improvement unless deemed acceptable by the City's Public Art and Historic
Preservation Coordinator and a clear continuous pedestrian pathway not less
than four feet (4'-0") in width is provided to and from such improvements and
the edge of the outdoor dining area.
56. Barriers shall be of a wrought iron, metal, wooden, open rail and/or metal
cable design.
7. Barriers shall be of a color consistent with or complementary to the subject
building facade.
8. Signage or lighting elements attached to the barrier shall be prohibited.
9. Other barrier materials and components (i.e., landscape planters) may be
used if deemed acceptable by both the City Engineer and the Community
Development Director.
10. The use of any plastic, fabric or other material to further enclose the outdoor
dining area shall be prohibited with the exception of wind and/or sun screens
as described in Section G below.
F. Furniture, Lighting and Signs
The furniture and other equipment to be used within the outdoor dining area shall
be as follows:
1. The design, materials, and colors used for chairs, tables, umbrellas, trash
receptacles and other fixtures shall be of a uniform design, not include any
lettering or graphics and should complement the architectural style and colors
of the building facade and any street furniture.
2. Umbrellas shall not project beyond the barriers of the outdoor dining area.
3. One (1) free-standing menu board may be displayed, which shall have no
more than two (2) faces with a total surface are of six (6) square feet of area
per face, and shall not be placed higher than five feet (5'-0") above the
sidewalk. Menu boards shall not be placed outside of the approved outdoor
dining area. Sandwich-board displays shall be prohibited.
4. Portable heaters or wall mounted heaters shall be of a uniform design and
color, shall not project beyond the physical limits of the outdoor dining area,
and require written approval by the Fire Marshal prior to placement within the
outdoor dining area.
5. All exterior lighting shall be directed onto the subject site and be of a
maximum height and fixed in such direction as to not impact abutting uses
and traffic.
6. Lighting fixtures shall be either wall mounted or free standing and shall be of
a uniform design and color.
7. Lighting fixtures in outdoor dining areas require an electrical permit from the
Building Safety Division and shall be installed by a licensed electrician.|1010|22_G. Awnings
Awnings are not included in the Outdoor Dining License Agreement, but require a
permit from the Community Development Building Safety Division and must meet
all Building Safety Division and Planning Division requirements. The installation
of awnings within outdoor dining areas shall be permitted as follows:
1. Awnings must be attached to the building facade.
2. Awning support elements attached onto the top of sidewalk shall be
prohibited.
3. The design, materials, and colors used for awnings shall be of a uniform
design and solid color, and should complement the architectural style and
colors of the building facade and street furniture.
4. Wind and/or sun screens attached to an awning may be permitted, but are
limited to a durable clear plastic material devoid of any patterns, markings
and/or text, and must be constructed in such manner as to be easily detached
through the use of grommets, zippers, or other quick-release fastening
devices.
5. Signage, if provided, shall be as permitted in the CCMC and be subject to a
sign permit from the Planning Division prior to installation.
H. Landscaping
The use of landscaping within the outdoor dining area is encouraged either as
part of the barrier or within the outdoor dining area. Said landscaping shall be
provided as follows:
1. Landscape elements shall not exceed three feet six inches (3'-6") in height
(i.e., landscaping and planter box heights combined) measured from the top
of sidewalk, and shall not project beyond the physical limits of the outdoor
dining area.
2. Landscaping elements and plants shall be of species absent of any thorns or
other components that may be harmful to pedestrians.
3. Planter boxes, if used, shall be uniform in size and shape and be of a color
consistent with or complementary to the subject building facade. Potted plants
shall have saucers or other suitable systems to retain seepage and be
elevated to allow for air flow of at least one inch (1") between saucer and
sidewalk.
4. Landscape elements shall include use of an irrigation and drainage system as
deemed acceptable by the City Engineer that does not drain across any part
of the right-of-way or sidewalk.
7IV. STANDARDS OF OPERATION
A. Outdoor dining areas shall be operated in a manner that meets all requirements
of the Los Angeles County Health Department and other applicable regulations.
B. Outdoor dining areas shall be continuously supervised by management. Patrons
are prohibited from disturbing customers or passersby on the adjacent right-of-
way by loud, boisterous, and unreasonable noise, offensive words or disruptive
behavior.
C. Restaurant management shall keep the outdoor dining area clear of litter, food
scraps, and soiled dishes and utensils at all times. Trash receptacles shall be
provided in outdoor dining areas used for consuming take-out items.
D. The applicant shall be responsible for maintaining the public right-of-way
adjacent to the outdoor dining area so as to keep it free of litter, including any
curbside and onsite parking area.
E. At the end of each business day, establishments are required to clean (sweep
and mop) the area in and around the outdoor dining area and remove the debris
to a closed receptacle. No debris shall be swept, washed, or blown into the
sidewalk, gutter or street.
F. If disposable materials are used, the establishment shall comply with all
applicable City recycling programs.
G. Plants shall be maintained and replanted as needed to maintain a vibrant
appearance.
H. Awnings and umbrellas shall be washed whenever dirty and a minimum of twice
per year.
I. Unamplified musical instruments or sound reproduction systems are permitted in
outdoor dining areas, but shall be maintained at sufficiently low volumes so as
not to unduly intrude on neighboring businesses, residents, or users of the public
right-of-way beyond the outdoor dining area. Licensees must maintain in good
standing any entertainment permit required by the City.
J. Sale of alcoholic beverages in outdoor dining areas shall comply with Section
17.400.015 of the CCMC.
V. NON-CONFORMING USES
Existing outdoor dining areas in operation prior to the effective date of these standards
via a valid Outdoor Dining License Agreement may stay in place in their existing format
for as long as the license agreement is maintained in valid condition. Thereafter, the
following shall be required:
8A. For those existing locations where the current Licensee is seeking approval of an
extension to a lapsed License Agreement, all improvements not in compliance
with these new standards shall be modified at the sole cost to the current
Licensee and said extension to the current License Agreement shall not be
extended until written confirmation has been issued by the City Engineer and
Community Development Director or designee as to the completion of all
required modifications; and
B. For those existing locations where a new Licensee is seeking approval of a new
License Agreement, all improvements not in compliance with these new
standards shall be modified at the sole cost to the new Licensee and said new
License Agreement shall not be issued until written confirmation has been issued
by the City Engineer and Community Development Director or designee as to the
completion of all required modifications.
VI. MODIFICATIONS AND EXTENSIONS
A Licensee may submit to the Engineering Division an application to either modify
and/or extend an existing Outdoor Dining License Agreement as follows:
A. Modifications to Existing Outdoor Dining License Agreements
No modification and/or change to any component of an approved License
Agreement shall occur unless the Licensee has submitted a prior written request
to the City Engineer outlining the proposed modification(s) with all applicable
revised documents, attachments and fees. Only after said modification(s) have
been approved by the City Engineer and all required revision(s) to the License
Agreement and/or the subject exhibits and payment of applicable fees have been
completed to the satisfaction of the Engineering Division shall said
modification(s) be performed.
B. Extensions to Existing Outdoor Dining License Agreements
Prior to expiration of the initial term of approval, subsequent one (1) year
extensions may be considered by the City following the Licensee's filing with the
Engineering Division for such extension request — with all required updated
forms, attachments and fees — no less than thirty (30) days prior to the then
current License Agreement expiration date. All terms and conditions of the
current License Agreement shall be subject to review and revision as may be
deemed appropriate by the City Engineer including, but not limited to, the
following:
1. The length and depth of the outdoor dining area;
2. The clearance width of the abutting public sidewalk;
3. The public improvements located within the outdoor dining area;
94. The location, type and number of components within the outdoor dining area
(i.e., barricade, tables, chairs, umbrellas, heaters and landscaping); and,
5. The amount of insurance coverage, outdoor dining license fee, maintenance
deposit, and all other fees either existing and/or to be established in the future
by applicable City Council action may be increased.
VILENFORCEMENT
A. All plans, permits and conditions of approval for the outdoor dining area
approved by the City shall be kept on the premises at all times and shall be
produced for inspection immediately upon request by officers, agents or
inspectors of the Enforcement Services Division, Planning Division, Engineering
Division, Building Safety Division, Police Department, or any other governmental
enforcement agency.
B. Notwithstanding the allowance to construct private improvements within the
public right-of-way via these outdoor dining standards, the tenant and/or property
owner shall provide the City and all its representatives with reasonable and
immediate access to any part of the outdoor dining area while in the course of
conducting official city business_
C. Notice of violation of the outdoor dining design standards or standards of
operation shall be made in writing to the Licensee by any Code Enforcement
Officer, Public Works Inspector, or Building Inspector of the City. A copy of the
notice shall be filed with the City Engineer. The Licensee shall immediately cure
the violation upon receipt of notice. If the violation is not cured within ten (10)
days after issuance of the notice to the Licensee, the City Engineer may suspend
or revoke the License Agreement_
D. The City retains the right to revoke an Outdoor Dining License Agreement upon
thirty (30) days notice, regardless of compliance with these provisions.
10