ITEM 9-D
Council Meeting: March 24, 1992
TO: The Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Approve Ocean Avenue Outdoor Dining
Standards
INTRODUCTION
This report requests approval of the Ocean Avenue Outdoor Dining
Standards which have been presented to City Council previously in
1991 and rewritten incorporating requested changes. The
Standards have had input and approval from City staff in
pertinent departments, the Architectural Review Board, and the
Planning Commission. Revisions substantively changing the
document from previous versions are highlighted in this report
and issues remaining for decision are presented.
BACKGROUND
In January of 1990, City Council directed staff to develop
guidelines for future Ocean Avenue outdoor Dining applicants. At
that time, Council was concerned about reserving sufficient
sidewalk space for pedestrians, about the type and height of
vertical separation between outdoor dining area and sidewalk, and
about obtaining input and approvals from the Architectural Review
Board (ARB) and Planning Commission before returning to the City
Council. ARB approved the Standards on December 3, 1990 and the
Planning Commission approved the Standards in concept on July 31,
1991. Comments and recommendations from both Boards were
referred to City Council for their consideration and are included
in this report.
Based on numerous follow-up discussions with City staff, ARB
members, and Councilmembers, the Ocean Avenue Outdoor Dining
Standards were revised as follows:
1. Outdoor patios could extend up to twelve (12) feet into
the public right-of-way if there are no sidewalk
obstructions. Under all circumstances, eight (8) feet
of completely unobstructed sidewalk space would be
required. This would allow two couples to walk together
or pass each other freely.
2. The solid, opaque portion of the barrier would be no
higher than 3'6". A windscreen of glass would be
permitted above the opaque barrier of two (2) feet. If
a glass windscreen is used, awnings could only extend
over 50% of the depth of outdoor dining area in order to
avoid the effect of an enclosed room.
3. If the outdoor dining area exceeds seven (7) feet in
depth, awnings would be permitted over 50% of the area,
to avoid the "enclosed room" effect. If the outdoor
dining area is seven (7) feet or less in depth, an
awning over the entire area would be permitted if a
windscreen is not attached.
4. The operational standards for new outdoor dining areas
shall include requirements for a designated driver
program modeled on the Third Street Promenade's outdoor
dining program. Outdoor dining areas which operate
under easement agreements shall abide by the terms and
conditions of their conditional use permits.
5. Compliance of the Standards shall be enforced by the
Police or by the Economic Development Division staff.
Notice of non-compliance shall be made in writing with
three violations in one year constituting cause for
closure of the outdoor dining area and revocation of
license agreements.
The Council had also recommended that only semi-permanent barrier
constructions at sidewalk level, and 30-day license agreements,
be permitted in order to reserve the City's right to retake the
public space if needed. However, in their meetings, Planning
Commissioners and ARB Board members debated whether unmitigated
ocean breezes, vehicular noise and fumes, the viability of
handicapped access, and an interest in "quality" warranted
permanent constructions, perhaps raised off the sidewalk in some
circumstances. Council members and ARB members have proposed an
increased rental rate for outdoor dining operators with permanent
barrier construction. These issues shall be discussed in the
next section. One Planning Comissioner recommended changing the
term Guidelines to Standards, which has been incorporated in the
revised Standards.
DISCUSSION
Economic Development Division staff have considered the various
recommendations from Planning Commissioners, ARB members, and
Council and recommend the following:
1. As written in these Standards, outdoor dining barriers
on Ocean Avenue would be semi-permanent constructions if
the exterior area is level with, and an extension of,
the interior space. Permanent constructions would be
permitted if the grade levels are uneven. This would
abide by the general philosophy that outdoor dining
areas would generally be as "pedestrian-friendly" as
allowable by the slope of the grade fronting the dining
area. The current restaurants at Paseo del Mar, Fennel,
and Belle-Vue would have semi-permanent barrier
constructions if reviewed today. New constructions and
restaurants with long frontage would more likely
confront a change in slope and require permanent
construction to enable an outdoor dining area on public
right-of-way.
2. Agreements shall be either licenses for semi-permanent
barrier construction, or easements for permanent
construction. Easement agreements reflect the reality
of permanent barrier constructions and restaurant
operators interest in securing a return on their greater
financial investment in construction.
3. Monthly rental rates shall reflect the degree of
permanence, with rates beginning at $1.50 per square
foot for license agreements and $2.00 per square foot
for easement agreements, and annual Consumer Price Index
(CPI) adjustments.
City Council had requested a report on the status of outdoor
dining agreements that have been issued to date. The two
restaurants at the Paseo del Mar corner - the Rigatta and Ivy at
the Shore - have easement agreements expiring in October 2003.
The new Fennel Restaurant building owner retains an easement
agreement which will expire in November 2003. I Cugini
Restaurant's easement agreement will expire in June 2020. The
Bell-Vue Restaurant is out of business and prospective buyers
have inquired about the new Standards. Ocean Avenue Seafood
Restaurant does not currently extend into public right-of-way,
but is awaiting approval of the new Standards to begin remodeling
their outdoor area. The status report is attached herewith.
BUDGETARY IMPACT
Adoption of these Standards has no budgetary impact.
RECOMMENDATION
Staff respectfully recommends that City Council approve the Ocean
Avenue Outdoor Dining Standards and authorize the City Manager to
negotiate and execute easement and license agreements with
restaurant operators applying for outdoor dining on Ocean Avenue
consistent with the Standards.
Prepared by: Darrell J. George, Manager
Economic Development Division
Ruta Skirius, Senior Administrative Analyst
Economic Development Division
Attachments: Ocean Avenue Dining Standards
Status Report on Dining Agreements