The purpose of this chapter is to establish requirements for issuance of encroachment permits to permit outdoor dining on the public right-of-way within the city. These standards have been developed to ensure that the space used for such outdoor dining will, at all times, promote the public health, safety and welfare and allow for adequate pedestrian circulation. These standards are also intended to guide applicants with the design and management of their outdoor dining areas. In addition to satisfying the requirements herein, applicants for outdoor dining on the public right-of-way shall secure the appropriate land use permit pursuant to Title 19 (the Zoning Ordinance) and any licenses and permits from the Alcohol Beverage Control Board and the city, including a minor conditional use permit pursuant to Title 19 of this code.
(Prior code § 3800; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
It shall be unlawful to operate outdoor dining on the public
right-of-way without first obtaining an outdoor dining encroachment
permit from the office of the City Engineer and paying the required
permit fee. Temporary, mobile, or free-standing food service vendors
shall not be eligible to obtain a permit under this chapter.
(Prior code § 3801; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
As used in this chapter:
shall mean the City Engineer for the City of West Hollywood,
or their designee.
shall mean the outdoor dining area of the public right-of-way
facing the café or restaurant.
shall mean the serving of food or beverage from a cafe or
restaurant to patrons seated at tables located within the public right-of-way
adjacent to the cafe or restaurant.
shall mean an outdoor dining encroachment permit issued pursuant
to this chapter.
may be used interchangeably and include sidewalks and any
extension of the sidewalk used to operate outdoor dining under this
chapter.
shall mean that portion of the road right-of-way that is
a public sidewalk or paved pedestrian path specifically designed for
pedestrian travel. Sidewalk also includes the area where the sidewalk
is extended by curb expansion onto on-street parking spaces for outdoor
dining, subject to the terms of this chapter.
(Prior code § 3802; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
A permit application shall be submitted to the office of the
City Engineer on the form provided by the City Engineer. The applicant
shall submit all required fees, securities, insurance, indemnification
of the city from liability (in a form approved by the City Attorney),
plans, and other documents and information as required by the form
provided by the City Engineer.
(Prior code § 3803; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
Upon a determination by the City Engineer that a permit should
issue or be renewed, the applicant or permittee shall pay a permit
issuance or renewal fee in an amount determined by resolution of the
City Council. This fee shall be based on a formula related to the
square footage of road right-of-way acquired for outdoor dining, as
well as include a fixed annual amount to cover the costs of city processing
and monitoring of the permit. The fee will be prorated for permits
granted mid-year. An additional fixed fee shall be applied for outdoor
dining that is using an existing on-street parking space.
(Prior code § 3804; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
The permit issued shall be in a form provided by the City Engineer. Each permit shall terminate December 31st of the year in which it was issued, unless it is renewed pursuant to the terms of Section 11.28.130. The permit shall be specifically limited to the area shown on an exhibit prepared by the City Engineer and attached or made part of the permit. Each permit issued shall be personal to the permittee and is not transferable, delegable, or assignable. Any attempted transfer, delegation, or assignment of the permit shall be void. In the event of a transfer of the business of the permittee, as that term is defined in subsection (a) of Section 5.08.140 of this code, the transferee shall obtain a new permit prior to the effective date of the transfer.
(Prior code § 3805; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
Prior to issuance of the permit, the permittee shall post a
bond with the city to cover the cost of restoring the road right-of-way
to its original condition, where the permittee proposes modifications
to public surfaces. The bond amount shall be determined by the City
Engineer. On termination of the permit, the bond shall be released
upon restoration of the road right-of-way to the satisfaction of the
City Engineer.
(Prior code § 3806; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
The applicant shall, at its own cost and expense, procure and
maintain in force policies of commercial general liability insurance
in an amount not less than one million dollars ($1,000,000.00) per
occurrence, two million dollars ($2,000,000.00) general aggregate,
for bodily injury, personal injury, and property damage to cover the
applicant's operations of the outdoor dining. Such insurance shall
be procured from an insurer authorized to do business in California,
shall be subject to the approval in writing of the city, shall provide
primary and not excessive coverage, shall name the city, its officers
and employees, and the property owner as additional insureds and shall
contain provisions that prohibit cancellation, modification, or lapse
without thirty days' prior written notice to the city. Each general
liability insurance policy shall be issued by insurers possessing
a Best's rating of no less than A-:VII.
In addition, the applicant shall procure and maintain in force
Worker's Compensation insurance with statutory limits, and employer's
liability insurance with limits of not less than one million dollars
($1,000,000.00) per accident.
(Prior code § 3807; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
A permit may be issued only if the following criteria are satisfied:
An outdoor dining area is classified according to pedestrian
right-of-way width as either narrow, intermediate, or wide width.
Only businesses that front narrow sidewalks that are twelve feet or
less in width shall be eligible to remove street parking and utilize
that space for outdoor dining. All other outdoor dining shall be located
within the existing sidewalk. All outdoor dining shall comply with
the standards of design in this chapter and with the City of West
Hollywood Outdoor Dining Eligibility and Design Guide.
a.
An
obstruction-free, clear sidewalk area for pedestrian traffic passing
the outdoor dining shall be required. Refer to the City of West Hollywood
Outdoor Dining Eligibility and Design Guide for applicable pedestrian
clearance requirements.
b.
Dining
areas shall maintain building egress as defined by the Uniform Building
Code.
c.
Establishments
which propose to serve alcoholic beverages in the outdoor dining area
shall provide a physical barrier that meets the requirements of the
Alcohol Beverage Control Board. Prior to submitting the permit application,
the applicant shall research and verify design compliance with the
Alcohol Beverage Control Board.
d.
Establishments
eligible to remove street parking and utilize the space for outdoor
dining shall be allowed to convert a maximum of two contiguous street
parking spaces.
e.
Establishments
may use the sidewalk area adjacent to the immediate neighboring business
space for outdoor dining under this chapter, provided that the establishment
provides to the city on an annual basis written and signed consent
from both the neighboring property owners and the tenants of the neighboring
spaces (if different). Use of street parking space adjacent to the
neighboring business is not permitted. Notwithstanding, in areas where
public infrastructure such as storm drains, street light poles or
electrical poles/wires represent infrastructure impediments for outdoor
dining in the parking spaces in front of a business, a maximum of
three contiguous street parking spaces adjacent to neighboring business
spaces may be approved for outdoor dining under this chapter, provided
that the establishment provides to the city on an annual basis written
and signed consent from both the neighboring property owners and the
tenants of the neighboring spaces next to the approved parking spaces
(if different). The City Engineer may require the permittee to cease
operations and remove any outdoor dining from the sidewalk area or
parking spaces adjacent to the immediate neighboring business space
at any time if the neighboring property owner or the tenant withdraw
their consent.
f.
Outdoor
dining shall not be sited in a way that offers table service on both
sides of the sidewalk area with a pedestrian path in between, as this
could lead to overcrowding by servers on sidewalk. Only one side of
the sidewalk area shall be designated for outdoor dining, meaning
that outdoor dining shall either be abutting the wall of the establishment
or adjacent to the curb; but not both.
g.
The
final approved location shall be established and delineated by the
City Engineer. Each application shall be reviewed for, and may be
conditioned to address, public safety issues unique to the pedestrian
and vehicular needs of the specific location. The decision to approve
the outdoor dining encroachment permit is in the City Engineer's sole
discretion and a permit may be denied if the City Engineer finds that
the site cannot safely accommodate for outdoor dining.
(Prior code § 3808; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023; Ord. 24-09, 4/1/2024; Ord. 24-11, 5/6/2024)
The proposed outdoor dining shall comply with the design standards for outdoor dining areas pursuant to Section 19.36.210 of this code and the City of West Hollywood Outdoor Dining Eligibility and Design Guide, including standards for location, design, and operations for outdoor dining on the sidewalk and in on-street parking spaces. The City Engineer may require additional conditions for the location, design, and operation of the proposed outdoor dining.
In addition, the proposed outdoor dining shall comply with the
following design standards:
a.
Barriers.
1.
No
barrier shall be required if the outdoor dining area is limited to
one row of tables and chairs abutting the wall of the establishment
and if no alcohol will be served. The proposed outdoor dining furniture
and configuration shall be approved in writing by the City Engineer.
2.
Barriers
shall be required for designation of all outdoor dining areas except
for outdoor dining configurations identified above in subsection (i).
3.
Separation
by a physical barrier may be required when directly adjacent to pedestrian
paths of access or proximate to moving vehicles, with the design to
be approved by the City Engineer.
b.
Any
modification to public surfaces, such as borings for recessed sleeves
or post holes, must be approved by the City Engineer.
c.
All
outdoor dining sites in the public right-of-way must be accessible
to persons with disabilities.
d.
All
Fire Department regulations and standards must be met. It shall be
the applicant's responsibility to research and verify compliance with
the Fire Department prior to filing a permit application pursuant
to this chapter.
e.
Restaurant signage shall comply with Chapter 19.34 of this code. No additional signs shall be allowed within the road right-of-way for the outdoor dining.
f.
Awning
installation shall conform to requirements of the Building and Safety
Division. It shall be the applicant's responsibility to research and
verify compliance with the Building and Safety Division prior to filing
a permit application pursuant to this chapter.
(Prior code § 3809; Ord. 91-310 § 1, 1991; Ord. 06-728 § 1, 2006; Ord. 23-10 § 2, 2023)
The permittee shall observe the following standards of operation
for outdoor dining.
a.
Restaurant
management shall be responsible for running and operating the outdoor
dining and shall not delegate or assign that responsibility.
b.
Outdoor
dining shall be primarily for sit-down food and beverage service.
c.
Service
carts, bussing stations, or similar outdoor dining support amenities
shall be subject to review and approval by the City Engineer.
d.
When
the restaurant establishment stops serving food for the day, further
seating in the outdoor dining area shall be prohibited. The outdoor
dining area must close when those patrons already seated in the outdoor
area leave.
e.
Restaurant
management shall not permit any public nuisance in the outdoor dining
area, including but not limited to, unruly behavior by patrons, or
the heckling of passers-by by patrons.
f.
The
permittee shall use positive action to assure that its use of outdoor
dining in no way interferes with sidewalk users or limits their free
and unobstructed passage.
g.
The
outdoor dining area, including ground surface, shall remain clear
of litter, food scraps, and soiled dishes at all times. Where eating
establishments provide self-service takeout service, they must maintain
an adequate number of employees to clear refuse or litter on a regular
basis even through table service is not provided.
h.
Tables,
chairs and solar lighting fixtures shall be placed only in the locations
shown on the approved site plan.
i.
At
the end of the business day, establishments shall clean (sweep and
mop) the area in and around the outdoor dining area. All outdoor dining
elements shall be easily removable for access to public utilities.
Non-fixed outdoor dining elements shall be stacked and secured when
the business is closed.
j.
Alcoholic beverage sales shall be made pursuant to the regulations of the Alcohol Beverage Control Board and Section 19.36.060 of this code.
k.
All
plans and permits for the outdoor dining area approved by the city
shall be kept on the premises for inspection at all times that the
establishment is open for business.
l.
Outdoor
dining shall be operated in a manner that meets all requirements of
the Health Department of Los Angeles County and any other applicable
regulations.
m.
Landscaping
shall be properly maintained. Water drainage shall not disrupt the
pedestrian walkway adjacent to the outdoor dining area. Stressed or
dying landscape shall be promptly replaced. Potted plants shall have
a saucer or other suitable system to retain seepage and must be elevated
to allow air flow of at least two inches between saucer and sidewalk.
n.
Street
trees shall not be removed or relocated to accommodate outdoor dining
within the public right-of-way.
o.
Other
conditions may be required by the land use permit in Title 19 of the
Municipal Code, or as conditions of approval by City Engineer.
(Prior code § 3810; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
a.
Subject to subsections (b), (c) and (d) of this section, the City Engineer may immediately deny a permit application, or revoke or suspend a permit, if the City Engineer finds that: (1) the provisions of this chapter have not been satisfied or have been violated; or (2) any necessary health permit has been suspended, revoked, or canceled; or (3) the operation of the outdoor dining constitutes a public nuisance, pursuant to Section 1.32.010 of this code; or (4) if the operation of the outdoor dining is endangering jeopardizing, or otherwise constituting a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use; or (5) the restaurant ceases to operate at the location.
b.
Notice
of violation of the outdoor dining design standards shall be made
in writing to the permittee by the City Engineer, any department or
division head of the city, the Sheriff's Department, or the Fire Department.
A copy of the notice shall be given to the City Engineer. The permittee
shall have ten days to cure the violation.
If the violation is not cured within ten days after issuance
of the notice to the permittee, the City Engineer may revoke or suspend
the permit.
c.
Notice
of violation of any standards of operation shall be made verbally
or in writing to the permittee by the City Engineer, any department
or division head of the city, the Sheriff's Department, or the Fire
Department. A verbal notice of violation shall be followed by a written
notice to the permittee. A copy of any written notice shall be given
to the City Engineer. The permittee shall immediately cure the violation
upon receipt of verbal or written notice. If the violation is not
cured immediately, the City Engineer may revoke or suspend the permit.
d.
The
City Engineer may immediately deny a permit application, or revoke
or suspend a permit, for any single violation of this chapter, and
shall immediately revoke the permit of any permittee who has committed
three violations of this chapter within a twelve-month period.
e.
Any
permittee whose permit application has been denied, or whose permit
has been revoked or suspended, may request in writing a hearing before
the City Engineer. The City Engineer shall grant the request and hold
an informal hearing, where the basis for the denial, revocation or
suspension shall be explained to the permittee. The permit applicant
or permittee shall have the opportunity at the hearing to present
evidence of compliance with the provisions of this code. If, after
the hearing, the City Engineer lets stand their decision to deny the
permit application, or revoke or suspend the permit, the permit applicant
or permittee may appeal the decision of the City Engineer to the City
Manager, or designee, whose action shall be deemed final.
(Prior code § 3811; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
An application for permit renewal may be submitted to the office
of the City Engineer on a form provided by the City Engineer. The
application must be filed with the office of the City Engineer not
later than November 30th of the year preceding the year for which
renewal of the permit is sought. The application shall include, but
not be limited to, a completed application for renewal of the outdoor
dining permit form, which shall include the most recent information
regarding the cafe or restaurant's name, address, and telephone number;
the applicant's name, address and telephone number; the property owner's
name, address, telephone number, and signature consenting to outdoor
dining within the sidewalk frontage of the property; the applicant's
business license number and expiration date; and an indemnification
of the city from liability, and the annual consent from neighboring
property owner and tenant if required under Section 11.28.091(e),
and any other information required on the renewal form provided by
the City Engineer.
Upon a determination by the City Engineer that the permit should be renewed and that the outdoor dining remains in compliance with this chapter, the permittee shall pay the annual fee as set forth in Section 11.28.050.
(Prior code § 3812; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
Upon permit termination (for any reason), the permittee shall
remove, at its own expense, all personal property, furnishings, and
equipment from the public right-of-way. All outdoor dining barriers
shall be removed and the sidewalk shall be returned to its original
condition, including restoration of any original on-street parking
spaces. Any personal property remaining within the road right-of-way
or parking area shall be removed pursuant to the laws of the State
of California.
(Prior code § 3813; Ord. 91-310 § 1, 1991; Ord. 23-10 § 2, 2023)
