A. Any open air dining area proposed to be located in the public right of way or on private property, including those privately owned portions of the Robertson Boulevard sidewalk and excluding dining located in parklets, shall comply with all of the following requirements:
1. A minimum distance of not less than a six foot (6') wide pedestrian travel aisle shall be maintained on the public right of way at all times; to assure the required pedestrian travel aisle, all open air dining areas shall be set back a minimum of six feet (6') from the edge of the curb, any parklet located in the public right-of-way, and any fixed sidewalk obstruction including, without limitation, curb lines, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks and bus benches.
2. The combination of open air dining on public and private property, excluding any dining located in a parklet, shall not exceed 50% of the interior gross square footage of the restaurant it serves.
3. If the open air dining is on private property, it must be located within the first 50' from the front and/or street side property line(s), but shall not preclude the use of interior building courtyards as defined in section 10-4-104 of this chapter for dining, and shall not be located less than 100' from residentially zoned properties.
4. Umbrellas located in the open air dining area shall provide a minimum seven and one-half foot (7.5') clearance from the ground to the lowest element of the umbrella canopy and shall be integrated into a railing or barrier. If a railing or barrier is not proposed, freestanding umbrellas may be permitted, and if permitted, shall provide an seven and one-half foot (7.5') clearance from the ground to the lowest element of the umbrella and be integrated into dining furniture. Umbrella canopies may project into the pedestrian path of travel provided a minimum ground clearance of 7.5' is provided, but no part of the umbrella base or any other part that could cause an obstruction to the pedestrian path of travel shall be allowed to extend beyond the open air dining area's permitted boundaries, and shall not be permitted to encroach into the pedestrian path of travel if there is a parklet adjacent to the open air dining area.
5. Portable heaters shall be located a minimum of three feet (3') from any combustible material and no part of any heaters shall be allowed to extend beyond the open air dining area's permitted boundaries.
6. Unless a permanent structure is approved pursuant to the permit, all fixtures in the public right-of-way must be stored out of public view during nonbusiness hours.
7. Open air dining areas with more than eight (8) chairs are required to provide a permanent barrier delineating the usable open air dining area from the remaining area of the public right of way. Open air dining areas without a barrier delineating the usable open air dining area may not position chairs so that they are facing the façade of the building.
8. Areas used for outdoor dining shall not extend beyond the building frontage of the associated restaurant space.
9. The material and design of any open air dining elements, which include tables, chairs, umbrellas, heaters, landscaping, and barriers/railings, shall be reviewed and approved pursuant to section 10-3-3007 of this chapter prior to installation.
10. If located on publicly owned property, an encroachment permit allowing establishment of an open air dining area must be obtained from the Public Works Department in a form satisfactory to the city attorney.
11. Open air dining is only allowed on public property that is located in the Business Triangle, as defined in section 10-3-2703 of this chapter, or limited to South Beverly Drive, Wilshire Boulevard, Olympic Boulevard, Robertson Boulevard, San Vicente Boulevard, South Santa Monica Boulevard, and La Cienega Boulevard.
12. If the open air dining is located within a commercial-residential transition zone, it may not operate during "extended hours" as defined in 10-3-1951, except as otherwise authorized through the issuance of an Extended Hours Permit pursuant to section 10-3-1958 of this chapter.
13. The open air dining does not interfere with public utilities.
14. Areas used for open air dining in the public right-of-way, the privately owned portions of the Robertson Boulevard sidewalk, and private property shall comply with all applicable provisions of the building code, including, but not limited to, maintaining proper building egress and ingress at all times, observing maximum seating capacities, providing proper circulation, and providing appropriate access to persons with disabilities.
B. An annual rental fee shall be imposed on the use or operation of open air dining areas located in the public right of way. The rental fee schedule shall be set by resolution of the city council. In the event that a permit is suspended pursuant to section 10-3-3509 of this chapter, rental fees shall not be required to be paid during the period of suspension. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 19-O-2789, 10-22-2019; Ord. 24-O-2885, eff. 2-11-2024)