ITEM 9-D

Council Meeting:  June 2, 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 was presented to City Council in 1991 and revised
incorporating requested changes.  The Standards were reviewed and
approved   by   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, the type and height of vertical
separation  between  outdoor  dining  area  and   sidewalk,   and
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  the  ARB  and
Planning Commission were  referred  to  City  Council  for  their
consideration and are included in this report.

DISCUSSION

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.

    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.

    6.   The name of this document shall be  changed  from  Ocean
         Avenue Outdoor Dining Guidelines to Ocean Avenue Outdoor
         Dining Standards, as per the Planning Commission.

    7.   As written in these Standards, outdoor  dining  barriers
         on   Ocean  Avenue  would  be  required  to  conform  to
         semi-permanent construction design standards.

    8.   Agreements  shall  be  written  as   temporary   license
         agreements.

    9.   Monthly rental rates shall begin  at  $1.50  per  square
         foot, and be adjusted annually according to the Consumer
         Price Index (CPI).

The Planning Commission and the  ARB  debated  whether  permanent
construction  of  barriers  was  warranted because of unmitigated
ocean breezes,  vehicular  noise  and  fumes,  the  viability  of
handicapped  access,  and  the need for aesthetic "quality".  The
ARB approved in concept the set of draft standards that  included
a  provision  for permanent barriers, but the Planning Commission
approved standards that referred only to semi-permanent barriers.
Staff incorporated a provision into the standards herein attached
that permit only semi-permanent barrier construction for  Council
to consider.

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 owner of the former Fennel Restaurant building 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 the new buyer is
waiting for the new Standards to be issued.  Ocean Avenue Seafood
Restaurant  does  not  currently extend into public right-of-way,
and is waiting 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  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