After receiving pressure from local businesses that desired to improve the outward appearance of their establishments and provide new comforts to customers, the Culver City Council agreed last week to adopt relaxed storefront encroachment permit standards and procedures for use of portions of the public rights-of-way.

“Out of the 29 members of the chamber board,” said Culver City Chamber of Commerce President Steven Rose, “I received 17 affirmative comments and no comments against it. I believe that this item just memorializes and lets the city and businesses operate in a much more efficient manner.”

Under the new provisions, businesses will be allowed to install planters and seating “for purposes of aesthetic improvements and customer convenience,” according to the March 1 staff report. They cannot, however, obstruct the sidewalk or pedestrian paths.

Tables and any affixed or attached items to the sidewalk are not permitted unless otherwise authorized by the city’s engineering division of the public works department. In addition, no items placed on the right-of-way can be sold; no goods, services, signs or advertising can be installed unless permitted by the city’s sign ordinance; design standards must be approved by the community development director; no sidewalk destruction or modification can take place; and above-ground irrigation systems must be used for all planters.

Also, musical instruments and sound systems are outlawed, as are sales and consumption of alcoholic beverages.

Obtaining a permit would require applicants to submit a completed application form to the engineering division of the public works department, proof of insurance, and renderings displaying the intended use of the space. Staff expects most applications would be processed within 10 days.

Business owners must adhere to the city’s municipal code and consult with the appropriate agencies to ensure their use of the public right-of-way is legal, as well as get a clear understanding of the dimension and landscaping limitations. This may require the purchase of additional licenses.

Because storefront encroachment permits are non-transferable, when a business transfers ownership, the new occupant must reapply prior to using the sidewalk.

It is the property owner’s responsibility to maintain paving and fixtures within the storefront encroachment area, keeping them in the condition they were prior to the issuance of the permit. They are too obligated to repair the public right-of-way portion in use and upon terminating the permit, must remove all materials and return the area to its original state.

Where designated sidewalks are non-existent, the public right-of-way would be considered the roadway directly in front of the business’ property line. In these cases, the property owner’s application would be considered based upon public safety, traffic, and emergency service’s ability to enter, exit and pass.

Code enforcement staff will inspect right-of-ways as part of their daily activities. Notices of violation will be served to the property owner in writing, which will later be filed with the city engineer. If the violation is not resolved within five days, the permit may be suspended or revoked. This also addresses repeat offenders.

“This is nice and limited,” said Councilman Scott Malsin. “It gives the city good control over it and a good review over it.”

And while Councilman Gary Silbiger believed the ordinance was a step in the right direction, “we just have to make sure that there is the enforcement necessary,” he said before noting that enforcement around the city’s outdoor smoking ban has been lax due to limited staff. “We are not doing the job that we agreed to do in the restaurants … I think that if we are going to have something like this or any other extra privileges that we need to make sure that everyone is following the guidelines that we have.”