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OUTDOOR DINING STANDARDS AND
PROCEDURES ON THE PUBLIC RIGHT-OF-WAY
August 12, 2009
April 11, 2022
PUBLIC WORKS DEPARTMENT I Engineering Division
and
COMMUNITY DEVELOPMENT DEPARTMENT I Current Planning
Division
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Contents
I. INTRODUCTION 1
II. APPLICATION AND RENEWAL PROCEDURE
A. Application Procedure 2
B. Renewal Procedures 3
Ill. DESIGN STANDARDS
A. Sidewalk 3
B. Dining Area 4
C. Parking 5
D. Grade 5
E. Barriers 5
F. Furniture, Lighting and Signs 6
G. Awnings and Canopies 6
H. Landscaping 7
IV. STANDARDS OF OPERATION 8
v. NON-CONFORMING USES 8
VI. MODIFICATIONS AND EXTENSIONS 9
VII. ENFORCEMENT 10
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I. INTRODUCTION
A. An outdoor dining area is a place on the pu blic 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 that may be consumed in the outdoor dining area.
B. The se Outdoor Dining Standards and Procedures are inten ded to encourage appropriate outdoor dining activities that will hel p create and maintain a dynamic business area that is of benefit to the customer, t he business, and the City. Use of the public right-of-way for outdoor dining activ ities may only occur pursuant to an Outdoor Dining P e r m i t a n d License Agreement (the “Permit”) . As provided in Section 9.08.035(C) of the Culver City Municipal Code, the City Engineer is authorized to approve Permits an Outdoor Dining License Agreement applicationmit and to execute an Outdoor Dining License Agreement on behalf of the City. As a revocable, annually-renewed permit process, the P e r m i t Outdoor Dining License Agreement is intended to be made available to restaurants - and other select commercial uses citywide as may be approved by the Director of Public Works/ 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 relate d improvements within the adjoining public right-of-way provided the standards contained herein are adhered to maintained in addition to all other applicable rules and regulations as may be listed in the Culver City Municipal Code (CCMC).
C. These O u t d o o r D i n i n g S standards and Pprocedures regulate the design and operation of outdoor dining areas in the public right-of-way in Culver C ity and do not apply to outdoor dining located 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. Outdoor dining areas may require additional parking for the establishment. Business owners must secure approp riate licenses and permits from the State Alcoholic Beverage Control Board, Lo s Angeles County Department of Public 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.
D. Outdoor Dining License AgreementsPermits are not transferable, delegable or assignable. In the event of a transfer of the bus iness, the transferee shall apply to the D i r e c t o r o f P u b l i c W o r k s / City Engineer for a new License AgreementPermit prior to the effective date of the transfer.
E. Upon termination of the Outdoor Dining License AgreementPermit , the licensee shall immediately remove the barriers around the ou tdoor dining area, return the sidewalk to its original condition or a cond ition deemed acceptable by Director of Public Works/ City Engineer, and remove all personal property, furnishings, awnings, canopies, and equipment from the sidewalk.
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II. APPLICATION AND RENEWAL PROCEDURE A. Application Procedure
1. A n Sidewalk Cafe Application Packet to obtainfor a Permitn 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 n Sidewalk Cafe Application Packet, when submitted, shall inc lude all necessary exhibits. The required seating layout plans shall be drawn to scale in an 8 1/2 inch by 11 inch by 17 inch format.
3. An application fee , technology fee, sewer fees, issuance fee and the license fee the first year's Outdoor Dining License Fees , in amounts determined by resolution of the City Council, shall be paid at the time the application is submitted to the Engineering Division. The first year's Outdoor Dining License Fees shall be prorated for the remaining months of the calendar year and the month during which the Permit Outdoor Dining License Agreement is to become effective.
4. The Applicant (Licensee) shall obtain and main tain in force during the life of the Outdoor Dining P e r m i t License Agreement comprehensive general liability, broad form property damage and blanket contractual liabil ity insurance in amounts and coverage as determined by the C ity Attorney and specified in the application package. Failure to maintain general l iability insurance is grounds for revocation of permit.
5. The Applicant ( or “ Licensee ”) shall obtain and maintain in force for the life o f the Outdoor Dining License AgreementPermit Worker's Compensation insurance with statutory limits, as specified in the application p ackage. Failure to maintain Worker's Compensation insurance is grounds for revo cation of the Ppermit.
6. A maintenance deposit, in an amount determined by the D i r e c t o r o f P u b l i c W o r k s / City Engineer to be adequate to r e c o v e r t h e c o s t t o pay for the replace ment of the sidewalk paving and any fixtures damaged within the outdoor dining area, shall be paid to the City at the time the Permit Outdoor Dining License Agreement is executed. It is the responsibility of the Licen see to maintain sidewalk paving and fixtures within t he outdoor dining area in the condition they are in at the time of licensing. Th e Licensee shall be responsible for any repairs required as a result of the License e's use of the area. Upon termination of the Permit License Agreement and inspection of the paving and fixtures by the Engineering Division, the depos it shall be refunded to the Licensee less any offset for repairs.
7. Engineering Division staff shall obtain the co ncurrence of all applicable City staff including, but not limited to, the Cit y Attorney's Office and Planning Division before approving any Outdoor Dining PermitLicense Redline of Revisions to the Outdoor Dining Standards and Procedures P a g e 3 | 20
Agreement . Engineering staff shall attempt in good faith to assist the applicant in resolving any problems with the ir application.
8. The Outdoor Dining License Agreement shall no t become effective until the Redline of Revisions to the Outdoor Dining Standards and Procedures P a g e 4 | 20
8. The Outdoor Dining Permit License Agreement shall not become effective until the
license agreement is signed by all parties, includi ng the property business 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 P e r m i t license agreement and after all of the above required application pro cedures are completed to the satisfaction of the Engineerin g 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 agreementPermit . Once all work has been completed, the Lice nsee shall request a final inspection from the Engineering Division. Only aft er having received approval of a the final inspection shall the Licensee allow public access to the ir subject outdoor dining area. Said Licensee shall maintain the outdoor dining area shall be permanently maintained consistent with the terms of th eir permite license agreement .
B. Renewal Procedures
Automatic Rannual r enewal of Outdoor Dining License the Permit Agreements shall be accomplished by submitting an updated Certificate of Insurance and paying each year's license feeOutdoor Dining License Fees e i t h e r in full by January 1st of that year or. A a lternatively, the Outdoor Dining lL icense fFee s may be paid in monthly payments, with the first payment made by January 1st of the involved new year, provided that a Payment Plan Processing Fee in a n amount established by Resolution of the City Counci l of $1.50 is made along wWith each monthly payment to recover the reasonable costs of administering this a payment plan and the interest foregone by accepting payments over time . Outdoor Dining License Renewal f F ees not received on time shall will incur a Late Payment Fee in an amount established by City Council resolution of 20% of the invoiced amount; the invoiced amount sha ll not include any Payment Plan Processing Fees .
Ill. DESIGN STANDARDS
Except where noted, tThe following Ddesign S standards shall apply to any outdoor dining area within the public right-of-way:
A. Sidewalk
As used herein, pedestrian path or pedestrian passa geway means a continuous obstruction-free sidewalk area, paved to City stand ards, between the outside boundary of the dining area and any obstructi on, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art,
8. The Outdoor Dining License Agreement shall no t become effective until the Redline of Revisions to the Outdoor Dining Standards and Procedures P a g e 5 | 20
and curb lines.
1. In the Downtown Zone (CD), the barriers (or th e 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. Sai d barrier to curb distance may be reduced if both the City Engineer and the C ommunity Development Director or designee determines there are uniqu e circumstances along the Redline of Revisions to the Outdoor Dining Standards and Procedures P a g e 6 | 20
Director or designee determines there are uniqu e circumstances along the subject street frontage, but at no time shall the pedestrian passageway be less than four feet (4'-0") in width.
Exception: The 8’ distance from the nearest curb i s replaced with 18” from the nearest curb along the north side of Culver Bouleva rd from Canfield Avenue to Duquesne Avenue (the “Culver Expansion Area”). The maximum depth of the outdoor dining area available to an Applicant in th e Culver Expansion Area is defined as 18” from the curb to the edge of the sid ewalk along their building frontage.
2. For all areas outside of the Downtown Zo ne (CD), 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 California Building Code and State of California Title 24 Disabled Access Standards. Disabled access standards may be incorporated into the Outdoor Dini ng License Agreement.
B. Dining Area
1. The maximum dimensions of an outdoor dini ng area shall be limited as follows:
a. The outdoor dining area shall not exceed the wi dth of the tenant space along the street-facing property line.
b. When an outdoor dining area is located on a cor ner, 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 din ing area is located adjacent to a driveway or an alley, the outdoor din ing 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 Director of Public Works/ 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 a rea shall be subject to approval by the Public Works Director/ City Engineer as recommended by the Community Development Director or designee, who shall co nsider public safety and municipal code compliance relati ve to the specific location.
2. The outdoor dining area shall contain only tabl es, chairs, awnings, canopies, umbrellas or other weather protection devices, plan ters, trash receptacles, stanchions or other approved barriers, heaters and menu boards.
Director or designee determines there are uniqu e circumstances along the Redline of Revisions to the Outdoor Dining Standards and Procedures P a g e 7 | 20
Exception: The Culver Expansion Area also allows i nstallation of free-standing tents and shade structures in accordance with section G. Utilities are prohibited to obstruct any entrances or egress paths or to create a hazard such as tripping.
3. Establishments that serve alcoholic beverag es in the ir outdoor dining area shall provide a physical barrier that meets the req uirements of this document and of the Alcoholic Beverage Control Boar d (it is the responsibility of the applicant to research and verify design compliance with the Alcoholic Beverage Control Board prior to submitting an applicat ion for an Outdoor Dining P e r m i t License Agreement ).
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C. Parking
Outdoor dining areas may increase minimum parking r equirements. Applicants shall submit a parking plan consistent with the CCM C.
CD. Grade
All portions of the outdoor dining area shall be fu lly 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 Public Works Director/ City Engineer.
DE. Barriers
No barrier shall be required if the applicant prop oses to limit the outdoor dining area to one row of tables and chairs abutting the w all of the establishment and if no alcohol will be served. Chairs must remai n 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 fr om four feet (4'-0") beyond the outermost table edges in a straight line pa rallel to the building. All other clearances, standards and restrictions in this Sect ion (Ill) shall apply.
Exceptions: In the Culver Expansion Area only:
a. If no alcohol will be served, a barrier is requi red to be placed 18” from the curb. b. If alcohol is served, in addition to a barrier r equired 18” from the curb, an additional barrier is required to enclose the area in a manner that adheres to requirements established by the State Alcoholic Bev erage Control Board.
Unless subject to the above conditions, outdoor din ing areas shall be surrounded by a physical barrier conforming to the following:
1. Barriers shall conform to the City Engineer's in stallation standards and be removable. Barriers need not be removed each eveni ng, but shall be capable of being removed, if need be, through the use of re cessed sleeves and posts, or by wheels that can be locked into place, or by o ther such means as will allow removal if necessary.
2. Any modification(s) to the surface of public sid ewalks, such as borings for recessed sleeves or bolting , 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 o r other improvement within the public right-of-way with the exception of a pull bo x and/or vault cover as may be permitted by the City Engineer or applicable pub lic utility.
5. Barriers shall not enclose any histor ic plaque, public art or similar
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improvement unless deemed acceptable by the City's Public Art and Historic Preservation Coordinator and a clear continuous ped estrian 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. 6. Barriers may be constructed with either open or closed design, in wrought iron, metal, wood, open rail and/or metal cable. Other barrier materials and components (i.e., landscape planters) may be used if deemed ac ceptable by 6 both the City Engineer and the Community Developmen t Director.
7. Barriers shall be of a color consistent with o r complementary to the subject building facade.
8. Signage or lighting elements attached to the ba rrier shall be prohibited.
Exceptions: In the Culver Expansion Area only:
a. Lighting elements that are rated for outdoor use may be attached to the barrier provided they are not affixed to City trees or othe r landscaping and their electrical connection is obtained from the building . Any receptacles shall be listed, raintight/weatherproof, and Ground Fault In terrupter protected.
9. 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.
EF. 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 chair s, tables, umbrellas, trash receptacles and other fixtures shall be of a unifo rm design, not include any lettering or graphics and should complement the arc hitectural style and colors of the building facade and any street furniture.
2. Tables and chairs must be freestanding and cap able of immediate removal.
Booths and built-in installations are prohibited.
3. Umbrellas shall not project beyond the barriers of the outdoor dining area.
4. One (1) free-standing menu board may be di splayed, 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 th an 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.
5. Heaters shall be of a uniform design and color, shall not project beyond the physical limits of the outdoor dining area, and req uire written approval by the Fire Marshal prior to placement within the outdoor dining area.
6. All exterior lighting shall be directed o nto the subject site and be of a maximum height and fixed in such direction as to not impact abutting uses and traffic.
7. Lighting fixtures shall be either wall mounted or free standing and shall be of a uniform design and color.
7 8. Lighting fixtures in outdoor dining areas requi re an electrical permit from the Building Safety Division and comply and shall with the California Electric al Code, California Energy Code, and be installed by a licensed electrician. All lighting shall be listed and rated for outdoor wet conditions.
FG. Awnings , Tents and Canopies
Awnings tents, and canopies are not included in the Permit Outdoor Dining License
7 Agreement and require a separate permit from C o m m u n i t y R i s k R e d u c t i o n a n d o r the Community Development Department Building Safe ty Division. Awnings , tents and canopies must meet all Community Risk Reduction, Building Safety Division , and Planning Division requirements. The installati on of awning s, tent s and canopies within outdoor dining areas shall be permi tted as follows:
1. 1. Awnings , tents and canopies must be attached to the building facade.
Exception: In the Culver Expansion Area only : Tents and canopies are not required to be attached to the building façade and may be installed under the following conditions:
a. Tents, canopies, and membrane structures shall comply with the Community Risk Reduction guidelines for Tents, Canopies and M embrane Structures. b. Where tents, canopies, and membrane structures exce ed Community Risk Reduction guidelines or as designated by the Fire Marshal or Building Official separate permits shall be applied for from the Building Safety Division by a licensed contractor.
c. Projects requiring a Permit from the Building Safety Division shall comply with the follow:
i. The more stringent of the California Building Stand ards Code, standards adopted by the Director of Public Works, state, and local laws.
ii. Structures are limited to one story in height, with seating at grade level, and have a construction type II, IV, or equivalent.
2. It is preferred that vertical awning , canopy or tent support structures be affixed to the dining area's barriers rather than to the sidewalk. Suppo rt elements resting on the sidewalk may increase the amount of the security de posit noted in Section II (A) 6.
3. The design, materials, and colors used for awni ngs , tents and canopies shall be of a uniform design and solid color, and should compleme nt the architectural style and colors of the building facade and street furniture.
4. Wind and/or sun screens attached to an awning , tent or canopy 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 su ch 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 ins tallation.
GH. Landscaping
The use of landscaping within the outdoor dining a rea is encouraged either as 8 part of the barrier or within the outdoor dining a rea. Said landscaping shall be provided as follows:
1. Landscape elements shall not exceed three fe et six inches (3'-6") in height (i.e., landscaping and planter box heights combine d) measured from the top of sidewalk, and shall not project beyond the ph ysical limits of the outdoor dining area.
2. Landscaping elements and plants shall be of sp ecies absent of any thorns. or other components that may be harmful to pedestrians .
3. Planter boxes, if used, shall be uniform in si ze and shape and be of a color consistent with or complementary to the subject bui lding 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 irri gation and drainage system as deemed acceptable by the D i r e c t o r o f P u b l i c W o r k s / City Engineer that does not drain across any part of the right-of-way or sidewalk. 8 IV. STANDARDS OF OPERATION
A. Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County De p art m en t of P u b l ic Health Departmen t and other applicable regulations.
B. Outdoor dining areas shall be continuously super vised by management. Patrons are prohibited from disturbing customers or passer sby on the adjacent right-of- way by loud, boisterous, and unreasonable noise, o ffensive words or disruptive behavior.
C. Restaurant management shall keep the outdoor di ning 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 sw ept, 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 i n a h e a l t h y c o n d i t i o n and b e repla cednted as needed to maintain a vibrant appearance.
H. Awnings, t e n t s , canopies and umbrellas shall be washed when ever dirty and a minimum of twice per year.
I. Unamplified musical instruments or sound repr oduction systems are permitted in outdoor dining areas, but shall be maintained at s ufficiently low volumes so as not to unduly intrude on neighboring businesses, re sidents, or users of the public right-of-way beyond the outdoor dining area. Licen sees must maintain in good standing any entertainment permit required by the City.
J. Sale of alcoholic beverages in outdoor dining are as shall comply with Section
17.400.015 of the CCMC.
K. Outdoor dining areas must comply with all St ate and City regulations and restrictions on smoking.
V. NON-CONFORMING USES
9 Existing outdoor dining areas in operation prior to the effective date of these standards via a n active valid Outdoor Dining P e r m i t License Agreement may stay in placeremain in their existing forma t for t
9 for as long as the license agreementPermit remains active is maintai ned in valid condition . Thereafter, the following shall be required:
A. For those existing locations where the current Lice nsee is seeking approval of an extension to a lapsed P e r m i t License Agreement , all improvements not in compliance with these new standards shall be modified a t the sole cost to the current Licensee and said extension to the current PermitLicense Agreement shall not be extended until written confirmation has been issued by the Director of Public Works/ City Engineer and Community Development Director or t h e i r designee as to the completion ofthat all required modifications have been successfully completed ; and
B. For those existing locations where a new License e is seeking approval of a new License AgreementPermit , all improvements not in compliance with .these new standards shall be modified at the sole cost to th e new Licensee and said the new License AgreementPermit shall not be issued until written confirmation has been issued by the Director of Public Works/ City Engineer and Community Development Director or their designee t h at t h e m od if i cat i o ns h av e b e e n s u cc es sf ul l y c om pl e t ed. as to the completion of all required modifications .
VI. MODIFICATIONS AND EXTENSIONS
A Licensee may submit to the Engineering Div ision an application to either modify and/or extend an existing Outdoor Dining Permit License Agreement as follows:
A. Modifications to Existing Outdoor Dining Permits:License Agreements
No modification and/or change to any component o f an approved License Agreement Permit shall occur unless the Licensee has submitted a pr ior written request to the City Engineer ing Division outlining the proposed modification(s) with all applicable revised documents, exhibits and attachments and paym ent of fees. Only after said modification(s) have been approved by the Public Works Director/ City Engineer and all required revision(s) to the License Agreement Permit and/or the subject exhibits and payment of applicable fees have been completed to the satisfaction of the Engineering Division shall said the modification(s) be performed.
B. Extensions to Existing Outdoor Dining Permits:License Agreements
Prior to expiration of the initial term of approval, subsequent one (1) year extensions may be considered by the City following the Licens ee's filing with the Engineering Division for such extension reques t - with all required updated forms, attachments and fees - no less than thirty (30) days prior to the then current License Agreement expiration datewill b e granted upon payment of the license fee and submittal of an up to date Certific ate of Insurance . All terms and conditions of the current Permit License Agreement shall be subject to review and revision as may be deemed appropriate by the D i r e c t o r o f P u b l i c 10 W o r k s / 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 side walk or curb ;
10 3. The public improvements located within the outd oor dining area;
4. The location, type and number of components wit hin the outdoor dining area (i.e., barricade, tables, chairs, umbrellas, heater s and landscaping); and,
5. The amount of insurance coverage, outdoor din ing license fee, maintenance deposit, and all other fees either existing and/or to be established inare subj ect to change the future by applicable City Council action may be increased .
VII. ENFORCEMENT
A. All plans, permits and conditions of approva l for the outdoor dining area approved by the City shall be kept on the premi ses at all times and shall be produced for inspection immediately upon request by officers, agents or inspectors of the Enforcement Services Division, Pl anning Division, Engineering Division, Building Safety Division, F i r e M a r s h a l , Police Department, or any other governmental enforcement agency.
B. Notwithstanding the allowance to construc t private improvements within the public right-of-way via these outdoor dining standa rds, the tenant and/or property owner shall provide the City and all its representa tives with reasonable and immediate access to any part of the outdoor dining area while in during the course of conducting official city business.
C. Notice of violation of the outdoor dining design standards, standards of operation or of failure to pay any fees due in relation to an y Outdoor Dining P e r m i t License shall be made in writing to the Licensee by any Code Enforcement Officer, Public Works Inspector, F i r e M a r s h a l , or Building Inspector of the City. A copy of the notice shall be filed with in the City Engineer ing Division . The Licensee shall immediately cure the violation upon receipt of t h e notice. If the violation is not cured within ten (10) days after issuance of the notice to the Licensee, the Public Works Director/ City Engineer may suspend or revoke the PermitLicense Agreement .
D. The City retains the right to revoke a n Outdoor Dining P e r m i t License Agreement upon thirty (30) days notice, regardless of compliance w ith these provisions.