City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving the revised Outdoor
Dining Standards and Procedures (the “Standards”), and adopt a resolution
approving a revised fee schedule for outdoor dining.
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 without an increase in fees. During the past
few years Culver City has experienced unprecedented growth in the number of
restaurants requesting use of the public right-of-way for outdoor dining areas, yet
despite recent fee increases for Outdoor Dining License Agreements, current
encroachment fees remain substantially below current norms for the Westside. At
present, the City has not implemented an automated method of renewal and
collection of these fees. In order to establish uniform design, operation, collection
and enforcement standards, and to bring encroachment fees in line with comparable
municipalities, staff proposes revising the Outdoor Dining Standards and
Procedures.
Meeting Date: 10/27/08 Item Number: A-2
AGENDA ITEM: Adoption of a Resolution Approving Revised Outdoor Dining
Standards and Procedures on the Public Right-of-Way, and Adoption of a
Resolution Revising the Outdoor Dining Fee Schedule.
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 (10-09-08); Culver City Chamber of
Commerce (10-09-08); All Restaurants Holding Valid Culver City Business Tax
Certificates (10-06-08); Master E-Mail Notification List (10/22/08).
Department Approval:
Sol Blumenfeld (10/16/08)
Charles Herbertson (10/16/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (10/23/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/22/08)
City Manager Approval:
Jerry B. Fulwood (10/23/08) City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
There are currently approximately 160 licensed restaurants in Culver City, of which
43 currently have outdoor dining areas that encroach upon the public ROW. Of
these, 33 have valid Outdoor Dining License Agreements and 2 are currently in the
permitting process. The revised Standards include provisions which grandfather
most current conditions of approval for existing valid Outdoor Dining License
Agreement holders, modify existing Outdoor Dining License Agreements (the
“License”) to implement uniform calendar year permit expiration, and implement new
collection and enforcement standards and procedures.
The Standards allow current holders of valid licenses for conforming use to continue
operations unaltered until or unless they either modify their outdoor dining area or
transfer their business. Operators with valid licenses for non-conforming use may
continue operations under their current format during the remaining term of the
existing license, at which time they must modify their conditions to meet the new
Standards or apply for an extension of their current License. Existing entitlements
and Disposition and Development Agreements (“DDAs”) will be grandfathered at the
design standards in place at the time the entitlements and DDAs were executed.
Licensees may not modify or improve their outdoor dining areas without first
receiving written confirmation from the City Engineer and Community Development
Director or designee that the requested modifications are in compliance with the new
Standards.
If approved by Council, fees for Licenses will be raised from $0.58 per square foot
per month ($7.00 per s.f. per year) to $1.00 per square foot per month ($12.00 per
s.f. per year). This is comparable to other cities in our area, as demonstrated in the
following table:
City Fee per square
foot per mo.
Permit/Application Fee Additional fees
Beverly Hills $0.90 - $1.40 $219.90 - $3,614.30 Permit fee $120.00 per Chair,
$490.00 Review fee,
$2,500.00 Bond
Culver City $1.00 $500.00 Application fee
Hermosa Beach $1.00 - $4.00 $485.00 Encroachment fee $2,208.00 Use permit
Los Angeles $1,600.00 Flat fee annually
Santa Monica $0.73 - $1.78 $210.00 Planning fee $259.00 - $1,309.00 ARB
review
Torrance Not allowed
West Hollywood $1.00 $100.00 Permit fee
City of Culver City, California
City Council Agenda Item Report
The revised fee for Licenses must be enacted by rescinding the current fee
resolution and the passage of a new resolution (Attachment No. 4).
The Outdoor Dining Standards and Procedures are comprised of the application and
renewal procedures, design standards, standards of operation, non-conforming
uses, modifications and extensions, and enforcement policies and procedures.
The application procedure is streamlined in the revised Standards through a uniform
set of submission requirements to allow applicants full knowledge of what must be
done and how much it will cost to acquire a License. Applicants submitting a
complete package in conformance with the Standards should be issued a License
within thirty (30) days. Application fees will be prorated so that all Licenses will
expire at the end of each calendar year. Licenses issued during the final quarter of
each calendar year will be valid through the end of the following calendar year. All
Licenses will be effective on a calendar year basis and will be renewed as part of the
business license renewal process, with the applicable fee appearing as a line item in
the business license renewal forms.
Design standards remain largely unchanged from previous standards and are
designed primarily to codify existing practices and to ensure life safety issues are
addressed, including requirements for adequate pedestrian passageways, and to
prevent the size or shape of outdoor dining areas from unreasonably
inconveniencing the public and neighboring businesses. Outdoor dining areas are
restricted to a size no larger than the width of the tenant space. Barriers are
required for most outdoor areas, though provisions are made for very small outdoor
areas where barriers would be impractical or an impediment. Standards for
furniture, lighting, signage, awnings and landscaping are addressed to ensure
uniformity of use and compliance with building regulations and life safety issues.
Operational standards reflect modifications to allow more flexibility to business
operators while ensuring there will be no significant negative impact on neighboring
businesses or the general public, and to enact uniform and consistent enforcement.
Though the intent of the Standards is to allow and encourage creative use of the
ROW by businesses, successful implementation of the Standards requires equitable
and efficient enforcement of their provisions. To this end, the City Attorney’s Office
will be amending Resolution 2004-R016 prior to the effective date of the revised
Standards to grant specific authority for enforcing Outdoor Dining Standards to the
Enforcement Services Division.
The revised Standards contain the following language addressing enforcement:
City of Culver City, California
City Council Agenda Item Report
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.
Staff has conducted public outreach concerning this item through consultation
arranged by the Chamber of Commerce with selected Culver City restaurant
operators on October 8
th
and a public meeting on Tuesday, October 14
th
at City Hall
noticed through postcards to all Culver City restaurants holding current business
licenses, a newspaper ad in the October 9
th
edition of the Culver City News, e-mail
blasts sent by the Chamber of Commerce and the Downtown Business Association
to their members on October 9
th
, and telephone calls from staff to all Culver City
restaurants holding current outdoor dining permits.
FISCAL ANALYSIS:
The City currently has 33 valid Outdoor Dining License Agreements, with 2
applications awaiting approval, comprising a total of 9,953 square feet of ROW
encroachment subject to permitting. Under present License fees, the total annual
revenue, if collected in full, would be $69,671. Under the terms of the fee resolution
staff recommends Council approve with the revised Standards, the annual amount
collected for these same Licenses would be $119,436. The Standards call for the
addition of License fees to be added as a line item on Business Tax renewal notices, City of Culver City, California
City Council Agenda Item Report
which are sent out and collected by the Finance Department through an efficient and
highly automated process. This manner of fee collection will add only a negligible
amount of additional staff time to the collection of Business Taxes while offering a
simple and reliable means of ensuring Outdoor Dining Fees are correctly calculated
and collected each year. Failure to remit Licensing fees may be handled in the
same manner as – and in conjunction with – delinquent Business Taxes, and subject
to the same late-payment penalty of 20 percent of the delinquent amount per month,
to a maximum of 100 percent of the total License fee due.
ATTACHMENTS:
1. Draft Revised Outdoor Dining Standards on Public Right-of-Way and
Procedures for Outdoor Dining License Agreements.
2. Sample Application Packet.
3. Resolution R2008- to Adopt New Outdoor Dining Standards.
4. Resolution R2008- to Adopt New Fee Schedule for Outdoor Dining License
Agreements.
MOTIONS:
That the City Council:
1. Adopt a Resolution approving the Revised Outdoor Dining Standards on
Public Right-of-Way and Procedures for Outdoor Dining License Agreements;
and,
2. Adopt a Resolution approving New Fees for Outdoor Dining License
Agreements.
10/27/08
Adoption of a Resolution Approving Revised Outdoor Dining
Standards and Procedures on the Public Right-of-Way, and
Adoption of a Resolution Revising the Outdoor Dining Fee
Schedule.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages
1. Resolution No. 2008- Adopting New Outdoor Dining Standards
and Procedures.
Exhibit 'A' of Resolution No. 2008-:
Draft Revised Outdoor Dining Standards on Public
Right-of-Way and Procedures for Outdoor Dining
License Agreements.
2. Sample Application Packet (subject to revision upon
approval of revised Standards).
1.
2-14.
15-34.
3. Resolution R2008- Establishing New Outdoor Dining Permit Fees. 35.Attachment 1|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
RESOLUTION NO. 2008-
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 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. 96-R008 is hereby rescinded.
Approved and Adopted this day of October, 2008.
D. SCOTT MALSIN, Mayor
ATTEST: APPROVED AS TO FORM:
Martin Cole, City Clerk Carol Schwab, City Attorney
28
iExhibit A
Outdoor Dining Standards
Draft 17 October 2008
Page 1
OUTDOOR DINING STANDARDS AND
PROCEDURES ON THE PUBLIC RIGHT-OF-WAY
Draft 17 October 2008
PUBLIC WORKS DEPARTMENT / Engineering Division
and
COMMUNITY DEVELOPMENT DEPARTMENT / Planning DivisionOutdoor Dining Standards
Draft 17 October 2008
Page 2
Contents
I. INTRODUCTION
H. APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure - Review and Approval
B. Renewal Procedure
III. DESIGN STANDARDS|10101010|A. Sidewalk 5
B. Dining Area 6
C. Parking 7
D. Grade 7
E. Barriers 7
F. Furniture, Lighting and Signs 8
G. Awnings 9
H. Landscaping 9
IV. STANDARDS OF OPERATION 10
V. NON-CONFORMING USES
VI. MODIFICATIONS AND EXTENSIONS
VII. ENFORCEMENT
sOutdoor Dining Standards
Draft 17 October 2008
Page 3
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 ori ginal condition or a condition deemed acceptable by City
Engineer, and remove all personal property, furnishings, and equipment from the
sidewalk.
LkOutdoor Dining Standards
Draft 17 October 2008
Page 4
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.Outdoor Dining Standards
Draft 17 October 2008
Page 5
7. 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. 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.
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 toOutdoor Dining Standards
Draft 17 October 2008
Page 6
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.
2. 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.
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.Outdoor Dining Standards
Draft 17 October 2008
Page 7
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 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 (III) 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.Outdoor Dining Standards
Draft 17 October 2008
Page 8
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.
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.
ciOutdoor Dining Standards
Draft 17 October 2008
Page 9
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.
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.
10Outdoor Dining Standards
Draft 17 October 2008
Page 10
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.
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.Outdoor Dining Standards
Draft 17 October 2008
Page 11
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.
K. There shall be no exterior signage, including images directed to the exterior of
the site from the interior, announcing the availability or sale of specific alcoholic
beverage brands.
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
during the remaining term of the license agreement. Thereafter, the following shall be
required:
A. For those existing locations where the current Licensee is seeking approval of an
extension to a current 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 applicableOutdoor Dining Standards
Draft 17 October 2008
Page 12
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;
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.
V1LENFORCEMENT
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.Outdoor Dining Standards
Draft 17 October 2008
Page 13
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.
1 LkAttachment 2
SI ALK C
APPL1CATI
ACKET
o.nn7
I u. 111 taAi y ,r-If the business is located in the Downtown Overlay Zone or in the East
Washington Overlay Zone (see maps on reverse), it is possible that the
application fee for the sidewalk cafe will be reimbursed by the Culver City
Redevelopment Agency and the maintenance deposit will be waived. For more
information on this please see the Redevelopment Agency.
However, even if the business is not in one of these areas, it is not hard to get
permission to operate a sidewalk café and bring the excitement of outdoor dining
to the customers!
As an added plus, it now costs less and takes less time for restaurants in all
areas of the City to obtain permission to serve alcoholic beverages with meals.
In addition, throughout the City, parking requirements for smaller restaurants
have been reduced and relaxed, making it easier to provide the parking the
business needs. In the Downtown Overlay Zone and the East Washington
Overlay Zone, parking requirements have been even further reduced.
See the Planning Division for more information about parking requirements or on-
site alcohol sales.
To complete the application, follow the simple steps below:
1. Fill out the application form on Page 1.
2. Draw a plan of the sidewalk as it is existing and then draw a plan of the
proposed outdoor dining area. Instructions for this drawing are on
Page 1 and an example appears on Page 3.
3. Draw or take a picture of the outside of the building where you plan to
have the sidewalk cafe.
4. Get pictures of the tables and chairs and any other fixtures you plan to
use. Make an equipment list showing the number of tables, number of
chairs and number of any other items you will be using in the sidewalk
café.
5. Bring the completed application form, the pictures, and the equipment
list to the Engineering counter at City Hall.
6. There is a $500 charge for the one-time application fee. Once again, if
the business is in the Downtown Overlay Zone or the East Washington
Overlay Zone, it is possible to have the fee reimbursed by the Culver City
Redevelopment Agency. The Engineering Division staff has information
about how to request reirnbursement.When the application has been approved, the Engineering Division will inform the
applicant.
The Outdoor Dining Permit must be pulled directly from the Engineering Division
and the following will be required at the time of issuance:
1. Check for a maintenance deposit in the amount of $400.00. If your
business is in the Downtown Overlay Zone or the East Washington
Overlay Zone, it is possible that the maintenance deposit will be waived.
2. Check for annual sidewalk café license fee in the amount specified in
your license agreement ($5.00 per square foot of sidewalk area, per year).
This fee will be collected annually by the Engineering Division of the
Public Works Department. Initially, it will be pro-rated from the time
your license agreement is signed until the end of the year. After
that, a bill for this annual fee will be sent to you each December. If
your business is in the Downtown Overlay Zone or the East
Washington Overlay Zone, you can be reimbursed by the Culver City
Redevelopment Agency for this cost. Engineering staff has
information about requesting reimbursement for this fee.
3. Certificate of insurance obtained from your insurance agent, showing
that you have insurance of at least $1,000,000 covering your sidewalk
cafe.
4. Special endorsement form (attached), filled out and signed by your
insurance- agent.
5. Signed license agreement form (attached).
6. Provide a check for a one-time Sewer Facility Charge (SFC)
fee. This fee is required for all indoor and outdoor dining facilities.
It is generated by both the City of Culver City and
the City of Los Angeles for sewage usage and is calculated by
the number of seats and the square footage of the dining facility.
Any questions on this application or on the procedures for obtaining a sidewalk
café license agreement, please call (310) 253-5600 and City staff will help you_APPLICATION FOR SIDEWALK CAFE LICENSE AGREEMENT
Application is hereby made for a revocable License Agreement to operate an
Outdoor Dinin g Facility on the public sidewalk in accordance with standards and
procedures adopted by the City of Culver City. (Please type or print Return
completed application to the Engineering Division).
Bate
Name of Restaurant Address of Restaurant Phone Culver City Business Tax Certificate # Applicant's Name Mailing Address Zip Phone Fax Property Owner's Name Mailing Address Zip Phone Fax Please include a drawing or photograph of the building where you propose to
locate the sidewalk café, as well as drawing(s) or photograph(s) of the tables,
chairs, umbrellas and any of the fixtures you propose to use in the sidewalk café
area.
On a separate sheet please draw a plan of your proposed sidewalk café. Use
the drawing shown on Page 3 as an example. Your drawing should be drawn to
a scale no smaller than one-eighth inch one foot (1/8" — 1') and should show all
of the following:
a. The location of sidewalk cafe in relation to the building, the entrance to
the building, any adjacent businesses and their entrance locations;
b. The dimensions and total square footage of the proposed sidewalk
café.
c. Details of the sidewalk cafe, such as awnings, lighting, signs, planters,
barriers, and the arrangement of tables and chairs.
d. The location of the curb line and of any landscaping, trees, tree wells,
parking meters, bus shelters or bus benches, trash receptacles, bike
racks, utilities (including fire hydrants, light poles, water meters, gas
meters), newspaper racks, mail boxes, and any other permanent or
semi-permanent sidewalk or parkway obstruction that mi ght affect or
be affected by the proposal_SPECIAL ENDORSEMENT
CITY OF CULVER CITY
Notwithstanding any inconsistent expression in the policy to which this
endorsement is attached, or in any other endorsement now or hereafter attached
thereto, or made a part thereof, it is agreed that the policy shall and does:
1. Include the City of Culver City, its officers and employees as additional
insureds in the policies described on the attached Certificate of Insurance
as they may be held liable for injuries, death or damage to property arising
out of or in connection with the contract executed by the named insured
and the City. it is further agreed that this policy shall be primary and
noncontributing with any other insurance available to the City of Culver
City, and each of their officers and employees, and includes a severability
of interest clause; and
2. Provide any general aggregate limit shall apply separately to the above
subject contract; and
3. Provide the naming of the additional insureds as herein provided shall not
affect any recovery to which such additional insureds would be entitled
under this policy if not named as such additional insureds; and
4. Provide the additional insureds named herein shall not be held liable for
any premium or expense of any nature on this policy or any extension
thereof; and
5. Provide the provisions of the policy shall not be changed, suspended,
cancelled or otherwise terminated as to the interest of the additional
insureds named herein without first giving thirty (30) days written notice
thereof to the City Attorney of the City of Culver City addressed as follows:
City Attorney
City of Culver City
9770 Culver Boulevard
Culver City CA 90232-0507
This endorsement is effective , 20_, when signed
Representative of , and when issued
to City shall be valid and form part of Policy(ies)
(Name Insurance Company)
No. , insuring (Name of insured)
expiring on , and shall be in the same amount for
the same coverage as the Policy(ies) to which it is attached.NAME OF AGENT OR BROKER
Address
By (Authorized Representative)\lewrncn Building De8ien3
1501 Main Street 4101
Venice, CA
(31) 2,34-9473 C2 . 1 -0) 5E7:-E-155 Fax
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. . n • • .• • , .NOW, THEREFORE, the City council of the City of Culver City, •
i California, DOES HEREBY ORDAIN as follows:
ORDINANCE NO. 34-015
AN ORDINANCE OF THE. CITY OF CULVER CITY,|1010| CALIFORNIA, AMENDING CHAPTER 30 OF THE CUI VER
CITY MUNICIPAL CODE.TO ADD ARTICLE V.A THERETO,
RELATING TO USE OF STREETS FOR OUTDOOR DINING.
6
k
WHEREAS, the City has been actively been encaoe.d in commercial
7 revitalization and business promotion strategies and efforts, including an effort to
8 !f
encourage the establishment of restaurants and provide a pedestrian-friendly urban|10 10|.10
12
13
environment;
WHEREAS, establishmen.t of outdoor dining areas in Culver City will
promote the public interest; and
VVHEREAS, the adoption of administrative standards and procedures
for the establishment and operation of outdoor dining areas by resolution of the
City Council, and the establishment of a streamlined process for obtaining
permission to opei-ate an outdoor dining establishment will serve the public
interest.
15
16
19
• 20
22
2.5
i04
SECTION 1. Chapter 30 of the Culver City Municipal Code is hereby
amended • by adding a new Article V.A, to read:
ARTICLE V.A. USE OF STREETS FOR OUTDOOR DINING
Section 30-53.1. Purpose.
The purpose of this Article is to authorize the administrative licensing
it of outd .Oor dining areas in areas where the establishment of outdoor dining will
_
2,5 1 ( .
)1 promote commercial revitalization and business opportunities in a manner that is
25 ii
ii consistent with the public welfare and safety.
271/
94-015Section 30-58.2. Applicability.
In order to use the sidewalk for outdoor dining, any person must
i
i
obtain an Outdoor Dining License Agreement as provided in this Article, which
I
shall provide for indemnification of the City and the maintenance of liability and
5 1; other insurance coverage. The City Council shall establish standards and
6 il procedures for design and operation of outdoor dining area by adoption of a
•,
7
Il
i
Resolution.
,li
8 ii Section 30-58.3. City Engineer Authority.
li
9 0 . (a) The City Engineer is authorized to approve and execute, on
I
10 li behalf Of the City, an Outdoor Dining License Agreement, subject to the adopted
:
I,
11 Outdoor Dining Standards and Procedures.
-.
12 11 - .(b) ' The City Engineer is authorized to suspend the Outdoor Dining
13 License Agreement for violation of the adopted Outdoor Dining Standards and
14 'Proc.edures.
3.5
(c) In addition to all other remedies provided by law or agreement,
16
1
the City Engineer is authorized to revoke the OutdOor Dining License Agreement
17 for violation of the adopted .Outdoor Dining Standards and Procedures.
18 Section.30-58.4. Flocerilent and Removal of Fixtures and Equipment
19
on Sidewalk.
20
(a) Notwithstanding Section 30-2 of this Code, fixtures and
22 equipment approved by the City Engineer pursuant to an _Outdoor Dining License
22 Agreement may remain in and on the sidewalk during such time as an Outdoor|1010| Dining License Agreement is in effect. •|1010| (b) Upon revocation or termination of an 06 tdoor Dining License
25 II A greement, all fixtures and equipment shall immediately be removed from the
i
sidewalk, and the sidewalk returned to its original condition.
2711
28
ii
7-
94-015l• A
2.3
24 I TOM CRUNK;
25 City Clerk
26 . 1i OCUTDOOR
27
-NORMAN Y./iERRING
City Attorney
(c) After revocation or termination of an Outdoor Dini5G License
r=- = ment, failure to remove all fixtures and equipment or to return the sidewalP
to its original condition, or both, shall be a nuisance affecting the public safety
Er
i
is prohibited.
. 5 p Section 30-53.5. Usa of Sidewalk for Outdoor Dining
Prohibited.|1010| 6 i
Notwithstanding any other provisions of this Code, it shall be
,
7
II unlawful for any person to use the sidewalk for outdoor dining without a valid
p il
- li Outdoor Dining License Agreement.
il|1010| 9 4 SECTION 2. This Ordinance shall take effect thirty (30) days from the
10 i date of its adoption and prior to the expiration of fifteen . (1) days from the
11 11 .
li adoption hereof the City Clerk, pursuant to Government CodeSection
12 I 36933(c)(1)|1010| shelf cause a summary of this Ordinance to be published in the
23 I Evening Outlook along with the record of the vote for approval and adoption and|1010|1 4
shall pest p certified copy of the full text of this of this Ordinance along with the
1 15 record. of the vote thereon.
16
APPROVED and ADOPTED this 9th day of may
. ALBERT VERA, Mayor
City of Culver City, California|1010|20
21
22
ATTEST:
APPROVED AS TO FORM:
-Li
ii
QA_rs,RESOLUTION NO. 96-R 008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, ADOPTING THE
NEW OUTDOOR DINING STANDARDS, PROCEDURES
AND FEES AND RESCNDING RESOLUTION NO. 94-
R037.
WHEREAS, the City Council has enacted revisions to Chapter 30
of the Culver City Municipal Code to peii Hit the use of sidewalks for outdoors
dining under certain circumstances; and
WHEREAS, the provisions of the new Culver City Municipal
Section 30-58.2 require 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 fees established by this Resolution reflect the cost
of the services provided.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Culver City, hereby: .
• 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.
2. The following fees shall be paid in connection with
application for any operation of outdoor dining areas:
r-;00.
Application fee
6-.00
Outdoor Dining License Fee $,2-:0-0 per square foot (Annually).
Sidewalk Maintenance Deposit As dete-rrnined by the Public
25 Works Director/City Engineer to replace sidewalk pavement
and
26
fixtures, but-not less than the sum of $100.00
00|101010101010 10
10|11
15
17
18
19
20
27
24
24,28APPROVED and ADOPTED this 8th day of January, 1996.
STEVE GOLIF'LEY
MAYOR, CITY—OF CULVERJ CITY|1010| 3. The fees established in Section 2 of this Resolution shall
remain in effect until amended by the City Council.|1010| 4. Resolution No. 94-R037 is hereby rescinded.|1010101010 10|KITE ST:
10
12
11
TOM CRUINIK...c„.---.-)
,
City Clerk 4-747-Azir'li
a/20
frz. ,zf d
13
(Routdoor)
14
vi
15
16
17
18
19
20
21
23
APPROVED AS TO FORM:
NORMA, N . Y. HERRIt
City Att6rney
7A,
`71=,
26
27
28 -2-
96-R008- 38 -
EXHIBIT H-1 (continued)
(Effective July 9, 2007)
Minor Permit Fees and Charges (Ministerial Projects) - continued
Site Development Permit:
Inspection
Plan check
Traffic plan review, if required
Crane Permit:
inspection
Traffic plan review, if required
Parking meter rental, if required
Street Lane Closure Permit, if required
Refundable Deposit
Outdoor Dining Permitil:
Application fee
Outdoor Dining License fee
Sidewalk Maintenance Deposit
Permit Extension
Issuance
Inspection
Records Research
Research
Transportation Permit (State mandated fee):
Truck/Haul Route Permit:
Permit Review
Inspection, if required
S 90.00/per hr. —2 hr. min
$145.00/per hr. — 1 hr. min
$125.00/per hr. — 1 hr. min
$ 90.00/per hr. —2 hr. min
$125.00/per hr. — 1 hr. min
$400.00
$500.00
$5.00 per square foot (annually)
As determined by the Public Works
Director/City Engineer to replace
sidewalk pavement and fixtures,
but not less than the sum of
$400.00
$45.00
$90.00 per hr. — 1 hr. min
$125.00 per hr. — 1 hr. min
$16.00 one way
$32.00 two way
Issuance fee not charged
$145.00 per hr. — 1 hr. min
$ 90.00 per hr — 1 hr. min
Note: The above permits may also require multiple minor permit issuance with associated
fees and charges.
-- Outdoor Dining Fees are not subject to waiver.
Resolution No. 2007-R024F-IT A TO RESOLUTION NO. 96-R003
OLI iDO OR DENLNG STi-LNTLARDS AND PROCEDURES
L INTRODUCTION.
The Outdoor Dinina- Standards and Procedures were developed to encouracTe
appropriate outdoor activities in the public right-of-way, to ensure that the space used
for outdoor dining in the public sidewalk will, at all times, serve a public purpose,
and to ease the process for obtaining permission to operate an outdoor dining facility.
Outdoor dining or the public sidewalk may occur only pursuant to an Outdoor Dining
License ATreenient
B. 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 dinin g area or sell take-
out items consumed in the outdoor dining area.
C. Establishments serving alcoholic beverages that apply for an Outdoor Dining License
Agreement shall meet the additional requirements of the State of California Alcohol
Beverage Control Board. Sale of alcoholic beverages in outdoor dining areas shall
comply with Section 37-7S of the Culver City Municipal Code,
D. These standards and procedures regulate the design and operation of outdoor dining
areas in Culver City. However, they do not provide information on all the
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 Alcohol Beverage Control Board, Los Angeles County Health Department,
the City of Culver City Planning Division, Building Safety Division, and Business
License Office.
E. Outdoor Dining License A greements are not transferable, dele gable or assignable. In
the event of a transfer of the business, the transferee shall apply to the City Engineer
for a new License A greement prior to the effective date of the transfer.
F. These regulations do not apply to outdoor dining on private properties.
G. All space used for outdoor dining on the public sidewalk shall be added to the gross
square foota ge of the food service establishment when calculatin g parking
requirements, as specified in Section 37-89.1 of the Culver City Municipal Code,
except as otherwise provided in said section or in Section 37-7I.5(f) of the Culver
City Municipal Code (Downtown Overlay Zone).APPLICATION PROCEDURE.
An application form for an Outdoor Dinin g License Agreement may be obtained fror
and should be returned to, the En gineerin g Division_
B. An application fee in 212 amount determined by resolution of the City Council shall b
paid at the time the application is submitted to the En gineering Division.
C. The Applicant (Licensee) shall obtain and maintain in force during the life of thE
Outdoor Dinin g 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, appointed boards, officers, agents and
employees as additional insureds. A Certificate of Tnsurance shall contain provisions
that prohibit cancellation, modification, or lapse Without thirty (30) days prior written
notice to the City. Both the Certificate of Imurance and the completed standard
Special Endorsement form shall be submitted with the completed application for an
Outdoor Dining License Agreement.
D. The Applicant (Licensee) shall obtain and maintain in force during 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.
E. Engineering Division staff shall obtain the concurrence of the Building Safety
Division and the Planning Division before approving any Outdoor Dining License
Agreement. If there are any problems with the application, En gineering Division staff
shall assist the applicant in resolving them.
F. As provided in Section 30-58(a) of the Culver City Municipal Code, the City Engineer
is authorized to approve an outdoor dining License application and to execute an
Outdoor Dining License Agreement on behalf of the City. The License Agreement
will specify the amount of the Outdoor Dil1T112: License fee to be paid by the applicant
in accordance with resolution by the City Council.
G. A maintenance deposit, in an amount detelluined by the City En gineer 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 maharnin sidewalk
pavin g and fixtures within the outdoor dinin g 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 pavin g and fixtures by the En gineering Division, the deposit
shall be refunded to the Licensee less any offset for repairs OUTDOOR DINING SITES.
A. A clear, continuous pedestrian path not less than four feet (4') in width shall b
required for pedestrian circulation outside of the outdoor dinin g area, provided the
the City Engineer may require more than four feet (4') to protect the public safety.
As used herein, pedestrian path means a continuous obstruction-free sidewalk area,
paved to City standards, between the outside boundary of the dining area and any
obstruction, includin g but not limited to parkin g meters, street trees, landscaping,
street lights, bus benches, public art, and curb lines.
B. An outdoor dining area may incorporate street frees or street furniture, provided that
the required pedestrian path is maintained outside of the outdoor dining area.
C. When an outdoor dinin g area is located on a corner, the outdoor dining area shall not
be permitted within five feet (5) 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') of the driveway or alley. These
requirements may be modified at the discretion of the City En gineer 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.
D. The floor of the outdoor dining area shall be at the same level as the sidewalk, and no
alterations to the sidewalk or coverings on the sidewalk shall be permitted, nnle,ss
otherwise expressly approved by the City Engineer.
E. The outdoor dining area shall be accessible to the disabled_ The buildings adjacent to
these dining areas shall maintain building egress as defined by the Uniform Building
Code and State of California Title 24 Disabled Access Standards_
F. At the discretion of the City En gineer, and with the written consent of the neKt door
business owner and property owner, an outdoor dining area may be located on the
sidewalk adjacent to a business that is next door to the business that operates an
outdoor dining facility.
G. The final location and configuration of the outdoor dinin n, area shall be subject to
approval by the City Engineer, who shall consider public safety issues unique to the
pedestrian and vehicular needs of the specific location.
7 - 17T- ff rrroW.DESIGN STANDARDS.
A. The desi o-n of the dinin g , area should be compact to suggest intimacy, and shoulc
promote a visual relationship between the dinin c, area and the surrounding pedesrriar
areas.
B. Establishments that serve alcoholic bevera ges in the outdoor dining area shall provide
a physical barrier that meets the requirements of this document and of the Alcohol
Beverage Control Board. (It is the responsibility of the applicant to research and
verify desi gn compliance with the Alcohol Bevera ge Control Board prior to filing an
application for an Outdoor Dinin g License Agreement)
C. No barrier shall be required if the applicant proposes to limit the outdoor dining area
to one row of tables and chairs abutting the wail of the establishment and if no alcohol
will be served.
D. Barriers should complement the building facade as well as any street furniture.
E. Barriers shall conform to the City En gineer's installation standards and be removable.
Barriers need not be removed each evening, but shall be capable of being removed, if
needed, through the use of recessed sleeves and posts, or by wheels that can be locked
into place.
F. Any modification to the surface of public sidewalks, such as borings for recessed
sleeves, shall be approved by the City Engineer.
G. Barriers shall be able to withstand inclement outdoor weather and one hundred (100)
pounds of horizontal force at the top of the barriers when in their fixed positions.
H. The height of any barrier shall not exceed six feet (6'). Any portion of a
barrier below three feet, six inches (3|1010|6") may be made, of non-transparent
material. Any portion of a barrier above three feet, six inches (3'6") must be
made of transparent material.
I.
The use of awnings or free-standing canopies over the outdoor dining area is
permitted, provided they do not interfere with street trees. No portion of an awning
or free-standing canopy shall be less than ei ght feat (8') above the sidewalk:. Awnings
and free-standin g canopies may extend up to six feet (6') from the building front or
cover up to fifty percent (50%) of the outdoor dinin g area, whichever is less. A
building permit must be obtained prior to installation of an awning.
Outdoor H alting may be installed on the facade of the building or in the dining area in
front of the facade. Li ghtin g shall be installed by a licensed elecuician and requires
an electrical permit from the Buildin g and Safety Division_
K. Tivoli li ghts, table Thmps and candles are encoura ged. The use of any candles shall
comply with State of California Fire Code and applicable Culver City requirements.T
The desi 7n, materials, n-ncl colors used for chairs, tables, wnbreilas. awninus
other fixtures should complement the architectural style and colors of the buildin.s
facade and any steer furniture.
lvi_ An Historic Preservation Certificate of Appropriateness shall be required prior to
attachin u any lights, awnirws, or physical barriers to an historic structure that has
been designated "landmark" or "si gnificant" by the City Council.
N. Flowering plants are encouraged.
0. Notwithstanding anythin g in the Culver City Municipal Code, signs and lo gos shall be
permitted on umbrellas in outdoor dining areas.
V. STANDARDS OF OPERATION.
A. Restaurant management is responsible for running and operating the outdoor dining
area arid shall not delegate or assign that responsibility. 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.
B. 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.
C. When the establishment stops serving for the day, further seating in the outdoor
dining area shall be prohibited and the outdoor dining area must close when those
patrons already seated in it leave.
D. At the end of each business day, establishments are required to clean (sweep and
wash) 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
E. If disposable . materials are used, the establishment shall comply with all applicable
City recycling programs.
F. Plants shall be properly maintained and stressed or dying plants shall be promptly
replaced. Because plant fertilizers contain materials that can stain the pavement, water
drainage from any plants onto the adjacent right-of-way shall not be allowed. Potted
plants shall have saucers or other suitable systems to retain seepa. cre and be elevated to
allow for air flow of at least one inch (I") between saucer and sidewalk.
G. Awnings and umbrellas shall be washed whenever they are dirty and ; in any event, no
less than two times each year.H. All plans and permits for the outdoor dinin g- area anproved by the Clry shall be ire
on the premises for inspection at all times when the establishment is open f(
business.
Outdoor dinin g ,- areas shall be operated in a rnnrier that meets all requirements of th
Los Angeles County Health Department and other applicable regulations.
J. Unamplified musical instruments or sound reproduction systems are permitted ir
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.
K. Restaurant management may peunit smoking in the outdoor dining area without the
segregation of air streams as required by Chapter 27 of the Culver City Municipal
Code. Management may also prohibit smoking in the outdoor dining area.
L. 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, and remove all personal property, furnishings, and equipment
from the sidewalk. Any personal property rempining on the premises shall be
removed pursuant to the laws of the State of California.
VI. ENFORCEMENT.
A. - 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 rnspector or Building Tnspector 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.
B. The City retains the right to revoke an Outdoor Dining License A greement upon
thirty (30) days notice, regardless of compliance with these provisions.
L4Attachment 3
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ESTABLISHING NEW
OUTDOOR DINING PERMIT FEES AND RESCINDING
THAT PORTION OF EXHIBIT H-1 OF RESOLUTION NO.
2008-R048 WHICH ESTABLISHED THE 2008-2009
OUTDOOR DINING FEES.
The City Council of the City of Culver City, California, DOES HEREBY RESOLVE
as follows:
Section 1. Page 49 of Exhibit H-1 of Resolution No. 2008-R048 which establishes
the Outdoor Dining Permit fees is hereby amended to read as follows:
Outdoor Dining Permit (Outdoor Dining Fees are not subject to waiver)
Application Fee $500.00
Outdoor Dining License Fee $12 per sq. ft. (annually)
Sidewalk Maintenance Deposit $400.00
As determined by the Public Works Director/City Engineer to replace
sidewalk pavement and fixtures, but not less than the sum of $400_00
Section 2. The fees established herein shall be effective on January 1, 2009.
Approved and Adopted this day of October, 2008.
D. SCOTT MALSIN, Mayor
ATTEST: APPROVED AS TO FORM:
Martin Cole, City Clerk Carol Schwab, City Attorney|101010101010101010 10
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