Santa Monica Outdoors

Application for Use of Public Space (updated August 21, 2020)

Sep 15, 2020
submission #123
Applicant Information and Description of Use

Business Information

Business Name ("Permittee") BOA Steakhouse
Name of Contact Person ---
Mailing Address ---
Business Address 101 Santa Monica Blvd, Santa Monica CA 90401-2201
Business Phone ---
Business E-mail ---
Do you agree to receive notices from the City relating to your temporary authorized use of public space via e-mail? ---
City of Santa Monica Business License Number ---
How will the public space be used? Dining

Dining Use

Are you serving alcohol in the public space? Yes
Number of Tables Outside 17
Number of Chairs Outside 34

Location Details

Location on Public Property Where the Use is Occurring (You must select at least 1 location) Sidewalk, Parklet (to occupy existing on-street parking or loading space on approved street) - Not needed for use of Main Street or Wilshire Blvd Parking Lane behind the k-rail
Information on Location of Outdoor Use

For Use of Sidewalks, Pier Deck, or Business Use of Third Street Promenade Sidewalks

Length of Sidewalk (In Feet) To Be Used In Front of Your Storefront (in feet) ---
Depth of Sidewalk Space (In Feet) To Be Used (note #2 above requiring 5' of clear access) ---
Will you be using the sidewalk in front of a neighboring storefront? ---

For Use of Street Parking Space for Parklets

Are you using materials provided by Downtown Santa Monica Inc. (DTSM) for your parklet? ---
Number of Parking Spaces Occupied by Parklet ---
Parking Meter #'s In Parklet Area (separate numbers with commas) ---
Will you be using a street parking space that is more than 50% in front of a neighboring storefront? ---
Upload your diagram. Please note that deviations from the approved parklet design are prohibited, including materials and dimensions. If you would like to make changes once the plans have been approved, you must reapply for a new permit. ---
Activity Checklist for Temporary Use of Public Spaces

Administrative Requirements

Have you read and implemented the LA County Public Health protocols specific to your business sector re-opening? ---
Do you agree to comply with all applicable laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA)? ---
Do you acknowledge that the City may assess monthly fees for use of public space no earlier than November 1, 2020 and only after the City has provided notice? ---
Do you acknowledge the City’s right to periodically inspect the sidewalk, Third Street Promenade dining area, and Pier used for outdoor business activities at any time and without notice? ---
Do you acknowledge that the City or you, may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days' prior written notice? ---

Program Eligibility

Do you operate a legally established Santa Monica business? ---

Pedestrian Access

Will the proposed use of public space provide at least 5 feet of continuous unobstructed pedestrian access? ---

Alcohol Service (Bars and Restaurants Only)

Do you have a City permit to sell alcohol (Alcohol Exemption or Conditional Use Permit) or have grandparented rights to serve alcohol? ---
Do you have an ABC license for your existing restaurant or bar? ---
Do you have a Temporary Catering Authorization from ABC (or do you agree to obtain such ABC approval prior to operating) for the expanded public space dining area including any temporary barriers that may be required by ABC? ---
Will the hours of the outdoor dining area match those of your existing restaurant? ---
Will the hours of alcohol service in the outdoor dining area comply with your City permit for alcohol service? ---

Temporary Outdoor Furnishings

Do your umbrellas or decorative lighting provide at least a 7 foot height clearance for pedestrian passage? ---
Do you agree to remove all temporary furnishings (e.g. bookcases, floor coverings, exercise equipment, planter boxes, garment racks, merchandise displays, umbrellas, and any other temporary decor except for tables, chairs, and propane heaters) including all signs, each day upon close of the outdoor business activity? ---
Lighting may be temporarily affixed to the building. If you are proposing such lighting, does it meet California Electrical Code standards and have you obtained a permit for such work? ---
Do you agree that if you use decorative lighting plugged into a legal outlet that such lighting is strung overhead maintaining a minimum 7 foot height clearance for sidewalk or pedestrian passage, and that the electrical cord is not placed on the sidewalk, unless such electrical/extension cord is covered with a flat and bright extension cord cover that is ADA accessible? ---
If you are using outdoor propane heaters, do you have an annual permit from the Santa Monica Fire Department (or do you agree to obtain such annual permit from the Santa Monica Fire Department prior to use of the heaters)? ---
If you are proposing to use a canopy, will it be open on all sides, be sufficiently secured to meet wind load requirements, will not exceed 700 square feet, and will not be utilized in close proximity to a propane heater (e.g. no propane heaters placed under a canopy)? ---

Signage

Will the signage in the public area be a single, non-permanent sign with the business or restaurant’s name and, if applicable, menu? ---

Fire Exiting Required

Do your proposed furnishings, signs, and temporary barriers keep clear of any legal exit from the building and a minimum 44-inch wide exit path from the legal exit to the public right of way? ---

Dining Operations (Restaurants Only)

Do you confirm that the sidewalk, parking lane, or parklet dining area will only be used for sit-down food and beverage service (i.e., no stand-up service)? ---
Do you agree to keep the sidewalk, parking lane, or parklet dining area clear of litter, food, and drink spills and clean (sweep and mop) it at the end of each day? ---
Do you confirm that the combined number of tables and chairs in both indoor and outdoor dining areas not exceed the maximum occupancy of the restaurant pre-COVID? ---
If you are storing tables and chairs in your outdoor public space, are the tables and chairs secured next to your storefront and provide at least 5 feet of unobstructed access? ---

Other Business Maintenance and Activity

Do you agree to keep the sidewalk, parking lane, or parklet dining area clear of litter, food, and drink spills and clean (sweep and mop) it at the end of each day? ---
Do you confirm that all merchandise or services displayed on the sidewalk, parking lane,or parklet is of the same type as you sell indoors? ---

Noise

Do you agree that your business activity on public space will not have any amplified noise (e.g. music, speech) and will only generate noise typical to outdoor business activity? ---

Hours of Operation

Will the hours of the business activity match those of your existing business? ---

Parklets, Main Street and Wilshire Blvd Parking Lanes

Do you agree at all times to use due care in operating the parklet or parking lane to avoid causing or creating damage to the public right-of-way? ---
Do you agree to immediately inform the City of any actual or potential damage to the public right-of-way used for the parklet or parking lane, and reimburse the City within 30 days of receiving a written request for any all costs to repair such damage, if caused by your business? ---
Do you acknowledge the City’s right to periodically inspect the parklet or parking lane used for outdoor business activities at any time and without notice? ---
Do temporary ramps providing accessibility from the sidewalk to the parklet (if required) comply with the slope requirements of the California Building Code? ---

Parklet Design & Safety Specifications

Will the parklet be placed at least 5 feet from a fire hydrant and will not cover or block any public utility access(e.g. manhole covers, water valve covers, electrical vaults, storm drain grates, and water meter covers)? ---
Will the parklet be placed at least 15 feet from any overhead and underground electrical infrastructure unless otherwise approved by the electric utility provider? ---
Do you agree that the placement of the parklet will not be in front of red curbs, bus stops, or within accessible parking spaces and is limited to placement within parking spaces or loading spaces? ---
Is there at least one parking space between the parklet and an intersection (or as an alternative a minimum 32" tall and 6' long water-filled barr? ---
Will the parklet be installed in streets that have a speed limit of 25 mph or less or a speed limit of 30 mph with a dedicated bikeway? ---
Will the parklet be setback 1 foot from the vehicle lane where there is no existing dedicated bike lane in between? ---
Will the parklet include a curb stop with 4 feet of separation from the adjacent parking or loading space (provided such spaces have not been converted to parklets)? ---
Will access to existing trees/plantings remain unobstructed? ---
Does the parklet comply with the following required traffic barriers: ---
a) Will the barriers have continuous side and end railing 36 to 42 inches high with any openings no larger than 4 inches wide? ---
b) If a water-filled “Jersey Barrier” or concrete “K” rail are used, are they at least 32” high? ---
c) If cable or flexible rail is used, do such railings have a solid rail at the top and bottom, and is at least 5 inches high from the floor? ---
d) Is the railing able to withstand at least 250 lb force in any direction? ---
e) In addition to the railing, will there be a planter or weighted barrier placed at the upstream end of the parklet? ---
f) On streets that have a speed limit of 30 mph, will there be planters (at least 17 inches high and 12 inches wide) spaced along the street facing side of the parklet and not encroach into bike or vehicle lanes? ---
g) Will the barriers include retroreflective materials used on the upstream end and along the side of the barriers, such as vertical delineators or attachments to the parklet exterior? ---
Will you be constructing a deck for your parklet? ---

Parklet Decking Standards

Will the deck have a non-slippery surface (i.e. no loose material such as sand or gravel)? ---
Can you confirm that the deck will not be bolted into City property, including, but not limited to, the top or side of curb, sidewalk, concrete or asphalt roadway, or gutter? ---
Will the deck be designed and constructed to support 100 lb per square feet live uniform load? ---
Can you confirm that in order to ensure curbside drainage, (i) a 6 inch wide by 3 inch high clear gutter space shall be provided along the entire length of the parklet adjacent to the curb to allow water flow and (ii) any openings at either end of the deck shall be covered with screens to prevent debris buildup beneath the deck and in the gutter? ---
Will the maximum gap in between decking and planks be ½ an inch or less? ---
Will the maximum gap between the deck and the curb be ¼ inch or less? ---
Will the maximum differential between the deck and the height of the curb be ¼ inch or less? ---
Can you confirm that any vertical post attached to the decking shall not exceed 7 feet in height and shall not be placed closer than 6 feet to another vertical post and that no other vertical member attached to the decking (e.g., guards, barriers, Plexiglas partitions), if permitted by the County Department of Public Health’s Safer at Home Order, shall exceed 7 feet in height? ---
Will the only overhead shelter provided be a canopy or umbrella? (i.e. no overhead structures such as a trellis or trellises or roofs are allowed) ---
Will the deck comply with the Americans with Disabilities Act 2010 Standards accessibility requirements? ---
Temporary COVID-19 Outdoor Encroachment Agreement

Affirm that you Agree to the Temporary COVID-19 Outdoor Encroachment Agreement

Please indicate below whether you acknowledge, understand, and agree to the terms of the Temporary COVID-19 Outdoor Encroachment Agreement ---
Insurance Documents

Upload Insurance Documents

Upload a certificate(s) showing your current insurance policies for General Liability, Workers' Compensation with the City of Santa Monica as the certificate holder with 1685 Main Street, Santa Monica, CA 90401 as the address. ---
Earliest Expiration Date ---

Upload Liquor Liability Certificate

Upload a copy of your Liquor Liability Certificate ---
Expiration date of your Liquor Liability Certificate ---