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Title:
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Discussion Regarding Consideration of Proposed Amendments to Standards and Procedures for Non-Commercial Use of the Public Right-of-Way Adjacent to Businesses.
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City of Culver City, California
Agenda Item Report
A2-1
Meeting Date: 08/10/09 Item Number: A-2
CITY COUNCIL AGENDA DISCUSSION ITEM: Discussion Regarding Proposed
Amendments to Standards and Procedures for Non-Commercial Use of the Public
Right-of-Way Adjacent to Businesses.
Contact Person/Dept.: Glenn Heald
Community Development
Phone Number: 310-253-5752
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail and Telephone) Downtown Business Association (08/05/09);
(E-Mail and Telephone) Chamber of Commerce (08/05/09); (E-Mail) Meetings and
Agendas – City Council (08/05/09).
Department Approval:
Sol Blumenfeld (08/06/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/06/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/06/09)
City Manager Approval:
Mark Scott (08/06/09)
RECOMMENDATION:
Staff recommends the City Council direct staff to present to Council a detailed
proposal for Storefront Beautification Permit Standards and Procedures (the
Standards) allowing non-commercial use of a limited portion of the public right-of-
way for aesthetic and comfort purposes such as planters and seating, and other
such items as may be approved by the Public Works Director/City Engineer.
BACKGROUND:
Culver City established Outdoor Dining Standards and Procedures in 1994 to allow
businesses to utilize selected portions of the public right-of-way (ROW) through the
execution of Outdoor Dining License Agreements. The Outdoor Dining Standards
and Procedures were updated in 1996 and revised in 2008. The City also offers an
encroachment permit with a minimum fee of $3500 intended for uses which disrupt
or have significant impact upon the customary use of the ROW. Neither of these
mechanisms facilitates an affordable use of limited portions of the ROW by
businesses wishing to enact aesthetic improvements such as planters or to provide
seating for waiting patrons.
DISCUSSION:
Several business owners in Culver City have requested permission to improve the
ROW directly in front of their business through the placement of planters or seating,
yet neither the standard encroachment permit nor Outdoor Dining License City of Culver City, California
Agenda Item Report
A2-2
Agreement are intended for such uses. A program allowing businesses to place
temporary items of a non-commercial nature on the ROW encourages the
enhancement of visual aesthetics and patron comforts at no additional cost to the
City.
If Council directs staff to present such a proposal, the proposed Storefront
Beautification Permit Standards will be comprised of the application and renewal
procedures, design standards, standards of operation, modifications and extensions,
insurance and indemnification requirements and enforcement policies and
procedures. Elements to be addressed in a more detailed analysis for such a
program may include, though not be limited to:
1. The Public Works Director/City Engineer will have authority over
administration of the program;
2. No items placed on the ROW may be offered for sale;
3. No goods, services, signs or advertising may be placed on the ROW
except those signs permitted by the City’s sign ordinance;
4. Design standards must be approved by the City’s Planning division prior to
issuance of a permit;
5. No destruction or modification of the sidewalk or roadway will be
permitted;
6. All planters must utilize above-ground irrigation systems.
If directed to proceed with this proposal, staff will conduct public outreach through
the Chamber of Commerce and the Downtown Business Association. Staff
recommends further notification efforts via e-mail blasts sent by the Chamber of
Commerce and the Downtown Business Association to their members and a display
ad published in a local newspaper.
This item is presented as a general discussion item with a request to receive the City
Council’s direction as to whether a more detailed analysis and presentation is
desired by the Council. Therefore, while staff may be able to answer general
questions posed by Council at this time, to more fully address certain issues will
require the development of the proposed in-depth analysis. Therefore, staff
recommends the City Council defer its detailed discussion on this issue until staff
has completed additional analysis.
FISCAL ANALYSIS:
Discussion of a proposed program has no fiscal impact upon the City. If Council
directs staff to present such a proposal the anticipated fiscal impact resulting from
the implementation of such a program will be included in the subsequent staff report,
including recommended application and/or renewal fees.
City of Culver City, California
Agenda Item Report
A2-3
ATTACHMENTS:
None.
MOTION:
That the City Council:
Direct staff to present to the Council at a future meeting a proposal for a permit
program to allow businesses limited, non-commercial use of the public right-of-
way for aesthetic and comfort purposes.