City of Culver City, California
Agenda Item Report
Meeting Date: 03/01/10 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Establishing Storefront
Encroachment Permit Standards and Procedures for Use of Portions of the Public
Rights-of-Way.
Contact Person/Dept.: Glenn Heald
Community Development Department
Phone Number: 310-253-5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail, Telephone, and In-Person Meeting) Downtown Business
Association (07/08/09, 07/08/09, 07/22/09, and 02/18/10); (E-Mail, Telephone, and In-
Person Meeting) Chamber of Commerce (07/08/09, 07/09/09, 07/14/09, and 02/18/10);
(E-Mail) Meetings and Agendas – City Council (02/26/10).
Department Approval:
Sol Blumenfeld (02/15/10)
Charles Herbertson (02/17/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/23/10)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (02/23/10)
City Manager Approval:
Mark Scott (02/24/10)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution establishing Storefront
Encroachment Permit Standards and Procedures (the Standards) allowing non-
commercial use of limited portions of the public rights-of-way (ROW) 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:
The City Council established Outdoor Dining Standards and Procedures in 1994 to
allow businesses to utilize limited portions of the public right-of-way through the
execution of Outdoor Dining License Agreements. The Outdoor Dining Standards
and Procedures were updated in 1996 and revised in 2008 and 2009. The City also
offers an encroachment permit with a minimum fee of $3,500 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 place decorative improvements such as planters or
to provide seating for waiting patrons. On August 10, 2009, the City Council directed
staff to prepare a proposal on this subject for consideration
City of Culver City, California
Agenda Item Report
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
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.
The proposed Storefront Encroachment Permit Standards and Procedures are
comprised of the application procedure, design standards, standards of operation,
enforcement policies and procedures and applicable fee and are intended to be
simple, quick and inexpensive. In order to obtain a permit, applicants need only
submit a completed application form, proof of insurance in the amounts and terms
required by the City Attorney, and drawings, photographs or plans depicting their
intended use of the space. Applications shall be submitted to the Engineering
Division of the Public Works Department. Staff anticipates most completed
applications for appropriate uses will result in issuance of a permit within ten days.
Elements of the proposed program include, but are not limited to:
1. The Director of Public Works/City Engineer has 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 Community Development Director or
a designee 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.
7. The permit issuance fee as set forth in the City’s 2009-2010 User Fees and
Charges Schedule, as amended.
Staff has conducted public outreach and solicited suggestions from several
businesses through the Chamber of Commerce and the Downtown Business
Association.
FISCAL ANALYSIS:
The only direct cost to the City for the proposed program is the staff time spent
reviewing applications and any time spent performing site inspections. Staff time
spent processing applications for Storefront Encroachment Permits will be in direct
correlation to the number of applications submitted. Staff estimates the processing
of each application will require approximately one hour total in combined staff time of
two or three staff members. The standard permit issuance fee will cover the cost of City of Culver City, California
Agenda Item Report
processing the application. Because the areas proposed for available use are
relatively small and the uses straightforward and non-permanent in nature, it is
anticipated that there will be no significant financial cost to the City in enforcing
issued permits. Code Enforcement staff will inspect ROW use as part of normal
activities using permit data supplied by the Engineering Division. Permit holders
who repeatedly violate or ignore the program Standards may be subject to permit
revocation, a process which may be performed administratively.
ATTACHMENTS:
1. Minutes from the City Council meeting of August 10, 2009.
2. Proposed Resolution (including as Exhibit ‘A’ the proposed Storefront
Encroachment Permit Standards and Procedures).
MOTION:
That the City Council:
1. Adopt a Resolution Establishing Storefront Encroachment Permit Standards
and Procedures for use of portions of the public rights-of-way.
MEETING DATE: 03101110
AGENDA ITEM: Consideration of a Resolution Adopting Storefront
Encroachment Permit Standards and Procedures on the Public Right-of-Way.
ATTACHMENTS
Pages
1. Excerpted Minutes from City Council meeting of August 10, 2009. 1-2
2. Proposed Resolution R2010- , adopting Proposed 3-10
Storefront Encroachment Permit Standards and Procedures
(included as Exhibit 'A' to the resolution).Attachment 1
Page 1 of 14
REGULAR MEETING OF THE
August 10, 2009
CITY COUNCIL, CITY OF CULVER CITY
6:02 p.m.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 6:02 p.m.
Present: Andrew Weissman, Mayor
Christopher Armenta, Vice Mayor
D. Scott Malsin, Councilmember
Gary Silbiger, Councilmember
Absent: Micheal O'Leary, Councilmember - excused
o0o
Closed Session
The City Council will adjourn to Closed Session to discuss the following items:
CS-1 Conference with Labor Negotiators
City designated representatives: City Manager Mark Scott, Director. of Human
Resources Serena Wright
Employee Organization: Culver City Employees Association; Culver City Management
Group; Culver City Police Officers Association; Culver City Police Management
Group; Culver City Firefighters Local 1927, AFL-CIO; Culver City Fire Management
Group
Pursuant to Government Code Section 54957.6
CS-2 Conference with Legal Counsel - Existing Litigation
Re: Community Health Councils, Inc., City of Culver City, et al., v. County of
Los Angeles
Case No. BS118018 (Re County Community Standards District for Oil Drilling
Operations)
Pursuant to Government Code Section 54956.9(a)
o0o
mhtml:http://www.culvercity.org/pdfs minute s/1062009103625AMm090810.mhtPage 11 of 14
August 10, 2009
Item A-2
Discussion Regarding Proposed Amendments to Standards and Procedures for Non-
Commercial Use of the Public Right-of-Way Adjacent to Businesses
Glenn Heald, Management Analyst, presented a summary of the material of record.
Discussion ensued between the. City Council and staff regarding potential
amenities; bicycle racks; and clarification that the intent is a non-commercial
use for comfort and aesthetics, not for outdoor dining.
MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER ARMENTA, 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.
AYES: Councilmembers Armenta, Malsin, Silbiger, Weissman
NOES: None
ABSTAIN: None
ABSENT: Councilmember O'Leary
o0o
Public Comment for Items Not On the Agenda - continued.
Mayor Weissman invited public participation.
The following member of the audience addressed the City Council:
Tony Pappas expressed concern with potential conflicts of interest with several
Councilmembers regarding Item A-2 [Proposed Amendments to Standards and
Procedures for Non-Commercial Use of the Public Right of Way Adjacent to
Businesses], and objected to businesses allegedly having the free use of the
Public right of way when the public is not allowed.
o0o
mhtml:http://www.culvereity.org/pdfs_minutes/1062009103625AMm090810.nahtAttachment 2
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ESTABLISHING
STOREFRONT ENCROACHMENT PERMIT STANDARDS
AND PROCEDURES FOR USE OF PORTIONS OF THE
PUBLIC RIGHT-OF-WAY.
WHEREAS, the City Council desires to establish standards and procedures
regulating the limited use of portions of the public rights-of-way, for aesthetic and comfort
purposes, by businesses located adjacent to the public rights-of-way.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The Storefront Encroachment Permit Standards and Procedures on
the Public Right-of-Way, attached hereto as Exhibit A and incorporated herein by
reference, are hereby approved and shall be effective upon adoption of this Resolution.
APPROVED and ADOPTED this day of , 2010.
ANDREW WEISSMAN, Mayor
ATTEST:
MARTIN COLE, City Clerk
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28Exhibit A
STOREFRONT ENCROACHMENT PERMIT
STANDARDS AND PROCEDURES ON THE PUBLIC
RIGHT-OF-WAY
February 23 7 2010
PUBLIC WORKS DEPARTMENT / Engineering Division
and
COMMUNITY DEVELOPMENT DEPARTMENT / Planning DivisionContents
I. INTRODUCTION 1
II. APPLICATION PROCEDURE 2
DESIGN STANDARDS
A. Passageway 2
B. Encroachment Area 3
C. Parking 4
DI Grade 4
E. Signs 4
F. Landscaping 4
IV. STANDARDS OF OPERATION 4
V. ENFORCEMENT 51. INTRODUCTION
A. A Storefront Encroachment Permit is a revocable permit allowing businesses to
utilize a limited portion of the public right-of-way in front of their business
establishments for purposes of aesthetic improvements and customer
convenience including, but not limited to, planters, seating and other items, as
approved by the City Engineer, but excluding tables and any items which are
affixed or attached to the sidewalk. The Storefront Encroachment Permit
Standards are intended to 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 the purposes described herein may only occur pursuant to a
Storefront Encroachment Permit issued by Culver City.
B. The standards and procedures herein regulate the design and operation of
Storefront Encroachment areas in the public right-of-way in Culver City and do
not apply to any areas on private property.
C. No signs, display or sale of goods or provision of services are authorized by this
form of permit.
D. In the absence of a dedicated sidewalk, the public right-of-way subject to these
standards shall be the roadway directly abutting the business property line.
E. No modification or destruction of the public right-of-way or structures.thereupon
is permitted under a Storefront Encroachment Permit.
F. Storefront Encroachment Permits are not transferable, delegable or assignable.
Upon transfer of a business, the transferee must apply for and receive a new
Permit prior to use of the sidewalk in front of the business establishment.
G. It is the responsibility of the Permitee to maintain paving and fixtures within the
Storefront Encroachment area in the condition they are in at the time of permit
issuance. The Permitee shall be responsible for any repairs to the public right-of-
way required as a result of the Permitee's use of the Encroachment Permit area.
Upon termination of the Storefront Encroachment Permit, the Permitee shall
immediately remove all material from the public right-of-way and return it to its
original condition or a condition deemed acceptable by the City Engineer.
H. These standards pertain only to the incidental uses described herein and do not
provide information on all government agency requirements or restrictions for use
of the public sidewalk. Business owners must consult all relevant agencies to
ensure proper and legal use of the public right-of-way, and secure any necessary
licenses, including any required by the City. Permitees must adhere to all other
applicable rules and regulations in the Culver City Municipal Code (CCMC).|109| 6IL APPLICATION PROCEDURE
A. A completed Storefront Encroachment Permit Application must be submitted to
the Culver City Engineering Division of the Public Works Department, including
all exhibits (plans, drawings or photographs) illustrating the proposed aesthetic
and comfort improvements.
B. A non-refundable Permit Issuance Fee, as set forth in the City's 2009-10 User
Fees & Charges, as amended, shall be required for a Storefront Encroachment
Permit. There is no renewal process or renewal fee.
C. The Permitee shall obtain and maintain in force during the life of the Storefront
Encroachment Permit comprehensive general liability, broad form property
damage and blanket contractual liability insurance in amounts and coverage as
determined by the City Attorney and specified in the application package. Failure
to maintain general liability insurance is grounds for revocation of Permit.
D. Applicants shall obtain and maintain a valid Culver City Business Tax Certificate
(business license) for the duration of the Storefront Encroachment Permit.
Failure to maintain a valid business license may result in revocation of the
Storefront Encroachment Permit.
E. Engineering Division staff shall obtain the concurrence of all applicable City staff
including, but not limited to, the City Attorney's Office and the Community
Development Director, before approving any Storefront Encroachment Permit.
F. The Storefront Encroachment Permit shall not become effective until all required
documents and exhibits are completed and submitted to the Engineering
Division, and all required fees associated with the permit application are paid to
the City.
G. Use of the Storefront Encroachment area shall begin only after the Permitee has
received a copy of the executed Permit. All use of the sidewalk pursuant to a
Storefront Encroachment Permit shall be in accordance with the approved
Permit, all applicable provisions of the Culver City Municipal Code and any other
applicable City policies.
III. DESIGN STANDARDS
A. Passageway
As used herein, pedestrian path or pedestrian passageway means a continuous
obstruction-free public sidewalk area, paved to City standards, between the
outside boundary of the Storefront Encroachment 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), all items placed on public sidewalks shall be a
minimum eight foot (8'-0") distance from the nearest street curb, with a
2minimum four foot (4'-0") wide unobstructed pedestrian passageway. Said
distance may be reduced subject to approval by the City Engineer as
recommended by the Community Development Director if it is determined that
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 Storefront Encroachment area shall be accessible to the disabled in
accordance with ADA standards as defined by the Uniform Building Code and
State of California Title 24 Disabled Access Standards.
4. In the absence of a dedicated sidewalk, the City Engineer or their designee
shall be authorized to consider applications for use of the public right-of-way
on a case-by-case basis based upon the public safety, emergency services
ingress, egress and passageway, general vehicular traffic, and the
compliance of the requested use to the standards contained herein. As part
of the permit application procedure for such use, additional approval must be
obtained from the Fire Department, Police Department, and any other
departments or agencies as deemed appropriate by the City Engineer or their
designee, any or all of whom may place additional requirements and/or
restrictions upon such use. All other requirements and restrictions of these
standards shall apply.
B. Encroachment Area
1. The maximum dimensions of any Storefront Encroachment area shall be
limited as follows:
• a. The Storefront Encroachment area shall not extend more than four feet
(4') away from the subject building or property lines toward the curb,
and in no case shall extend into the minimum clear pedestrian
passageway as described in Section III(A), above.
b. The Storefront Encroachment area shall not extend beyond the width
or length of that side of Permitee's business premises fronting the
public right-of-way containing the involved Storefront Encroachment
area.
c. When a Storefront Encroachment area is located on a corner, the
Storefront Encroachment area shall be a minimum of five feet (5-0")
from the corner of the building along both frontages.
d. The final configuration of the Storefront Encroachment area shall be
subject to approval by the City Engineer as recommended by the
Community Development Director, who shall consider public safety
and municipal code compliance relative to the specific location.
32. The Storefront Encroachment area shall contain only those items allowed by
the City Engineer.
C. Parking
Issuance of a Storefront Encroachment Permit will not increase the amount of
parking which will be required for the Permitee's business establishment.
D. Grade
Raised platforms shall not be allowed within any Storefront Encroachment area.
E. Signs
Except as expressly permitted by and in compliance with the City's Sign
Ordinance, signs, posters, advertisements and displays of any type are
prohibited in any Storefront Encroachment area.
F. Landscaping
The use of landscaping elements within a Storefront Encroachment area shall be
permitted with the following conditions:
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 the public right-of-way, and shall not project beyond the physical limits of
the Storefront Encroachment area.
2. Planter boxes, if used, shall have saucers or other suitable systems to retain
seepage and shall be elevated to allow for air flow of at least one inch (1")
between saucer and the public right-of-way.
3. Landscape elements shall utilize hand watering or above-ground irrigation
and have a drainage system as deemed acceptable by the City Engineer.
Drainage across any part of the right-of-way is prohibited.
IV. STANDARDS OF OPERATION
A. Storefront Encroachment areas shall be operated in a manner that meets all
requirements of the CCMC and other applicable regulations.
B. The applicant shall be responsible for maintaining the Storefront Encroachment
area clean and free of litter.
C. Musical instruments or sound reproduction systems are prohibited in ,Storefront
Encroachment areas.
D. The sale or consumption of alcoholic beverages in Storefront Encroachment
areas is prohibited.
4E. No business shall be conducted within any part of any Storefront Encroachment
area.
V. ENFORCEMENT
A. All plans, permits and conditions of approval for the Storefront Encroachment
area approved by the City shall be kept on the Permitee's 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, Police Department or any other governmental enforcement
agency.
B. Notwithstanding the allowance to utilize the public right-of-way via a Storefront
Encroachment Permit, the tenant and/or property owner shall provide City
representatives immediate access to the Storefront Encroachment area
whenever they are conducting official city business.
C. Notice of violation of the Storefront Encroachment design standards or standards
of operation shall be made in writing to the Perrnitee 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 Permitee shall immediately cure
the violation upon receipt of notice. If the violation is not cured within five (5)
calendar days after issuance of the notice to the Permitee, the City Engineer or
their designee may suspend or revoke the Permit. Such notice of violation shall
not preclude issuance of citation(s) for violations of the Municipal Code. Multiple
violations may result in suspension or revocation of the Permit.
D. The City retains the right to revoke any Storefront Encroachment Permit upon
thirty (30) days notice, regardless of compliance with these provisions.|1013|