Chapter 11.28 — OUTDOOR DINING ON PUBLIC RIGHT-OF-WAY

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:

"City Engineer" shall mean the City Engineer for the City of West Hollywood, or their designee.

"Frontage" shall mean the outdoor dining area of the public right-of-way facing the café or restaurant.

"Operate outdoor dining" 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.

"Permit" shall mean an outdoor dining encroachment permit issued pursuant to this chapter.

"Public right-of-way," "road right-of-way" and "pedestrian right-of-way" may be used interchangeably and include sidewalks and any extension of the sidewalk used to operate outdoor dining under this chapter.

"Sidewalk" 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.

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.28.040

§ 11.28.090

(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)

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City of West Hollywood, CA § 11.28.090

WEST HOLLYWOOD CODE

§ 11.28.090

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

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.28.090

§ 11.28.110

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.

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 11.28.110

§ 11.28.120

• 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

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.28.120

§ 11.28.130

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

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 11.28.130

§ 11.28.150

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)

A violation of this chapter is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code.

(Prior code § 3814; Ord. 97-507 § 11, 1997; Ord. 23-10 § 2, 2023)

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.29.010

§ 11.29.050