Outdoor Dining on Private Property

Do you want to add or expand an outdoor dining area for your restaurant on private property?

Outdoor dining for restaurants or other food service establishments on private property (such as in an adjacent parking area or patio) requires review and approval of an Administrative Use Permit (AUP) through the Current Planning Division. After approval of an AUP, a building permit is required for all outdoor dining areas through the Building & Safety Division. 

What is an Administrative Use Permit? 

An AUP is a type of permit that allows for a specific activity (land “use”) on private property, such as outdoor dining, that needs to be evaluated on a case-by-case basis to determine whether the use is suitable for the property and compatible with the surrounding area. As part of an AUP application, the City reviews the design, layout, location, and potential impacts of the proposed use, and may impose conditions of approval to ensure any potential impacts are minimized. Approval of an AUP is subject to the discretion of the Planning & Development Director, and based on criteria (“Findings”) described in Culver City Municipal Code (CCMC) Section 17.530.020 - Findings and Decision.

Apply for an Administrative Use Permit for Outdoor Dining

Process

Overview of Permitting Process

Applicants are encouraged to reach out to the Current Planning Division in person or by phone at (310) 253-5710 for an initial consultation on a proposed outdoor dining proposal.

Step 1.Applicant reads and understands all steps and requirements:

Review the Submittal Checklist for Outdoor Dining AUPs.(PDF, 166KB)

Contact the Planning Division at (310) 253-5710 with any questions. 

Prepare and gather all required documents, plans, and information.

Step 2.Applicant submits Outdoor Dining AUP Application Materials and Fees.

You can apply online or in person for the Administrative Use Permit.

Step 3.City staff provides instructions to applicant for preparation of public notification materials.

Applicant must submit all required public notification materials and pay public notification fees prior to Step 7.

Step 4.City staff reviews application and plans.

You application will be reviewed within 30 days.

Step 5.City staff provides a list of comments that must be addressed prior to approval of the AUP. 

Comments may consist of requests for additional items or information, required changes to the outdoor dining plans, potential concerns related to impacts of the outdoor dining area, code requirements that have not been met, and any other applicable requirements.

Step 6.Applicant addresses staff’s comments and provides updated application materials to City staff. 

* Repeat steps 4-6 until there are no further comments from staff.*

Step 7.15-Day Public Notification Period.

  • Applicant must submit all public notification materials and pay public notification fees prior to this step. Staff prepares and mails out public notification regarding the project.
  • The public has 15 days to submit comments to City staff.

Step 8.City approves or denies AUP.

City staff will issue a formal decision letter. Decision letters for approved AUPs will include conditions of approval.

Step 9.Applicant completes additional steps required after AUP approval:

After approval of an Outdoor Dining AUP, applicants must apply for a building permit, during which additional requirements and fees apply. 

Consult Building Safety at (310) 253-5800 or building.safety@culvercity.org for more information about Plan Check and Permit requirements.

Online

**Consult Planning Division staff about your outdoor dining proposal to obtain preliminary feedback and information.

Step 1.Gather your information

  • Notarized letter of authorization from the landlord/property owner for the outdoor dining AUP.
  •  Landlord’s proof of ownership (e.g., Grant Deed, Preliminary Title Report within 6 months, etc.). 
  • Alcohol License(s) from the California Department of Alcoholic Beverage Control (if the business currently sells alcohol). 
  • Storm Water Planning Program Priority Checklist (must be filled out and signed).
  •  Photographs of existing property conditions, from all viewpoints, including existing building(s) or development, and identifying area to be used for outdoor dining.
  •  One (1) combined PDF, and three (3) sets of paper plans (11”x17”) prepared by a qualified design professional, specifically including: 
    • Site Plan (existing and proposed).
    •  Floor Plan, including Outdoor Dining Layout Plan.
    • Outdoor Dining Furniture and Fixture Images, Elevations, and Specifications. 
    Review the Outdoor Dining AUP Submittal Checklist(PDF, 166KB) for additional details and requirements. 

Step 2.Apply Online

Fill out the online Outdoor Dining AUP Application

Submit Online Application

Step 3.Submit Payment

After you submit your application, usually within 1-2 business days,  you will receive an email with a link to pay for your application.

Step 4.We'll Respond via Email

Once payment is received, the Current Planning Division, will review your application within 30 days. The assigned Planner will reach out via email with further instructions.  

If you were assigned a Case Planner prior to submittal, please let that person know that you have submitted your AUP application online.

In Person

**Consult Planning Division staff about your outdoor dining proposal to obtain preliminary feedback and information.

Step 1.Gather your information

  • Notarized letter of authorization from the landlord/property owner for the outdoor dining AUP.
  •  Landlord’s proof of ownership (e.g., Grant Deed, Preliminary Title Report within 6 months, etc.). 
  • Alcohol License(s) from the California Department of Alcoholic Beverage Control (if the business currently sells alcohol). 
  • Storm Water Planning Program Priority Checklist (must be filled out and signed).
  •  Photographs of existing property conditions, from all viewpoints, including existing building(s) or development, and identifying area to be used for outdoor dining.
  •  One (1) combined PDF, and three (3) sets of paper plans (11”x17”) prepared by a qualified design professional, specifically including: 
    • Site Plan (existing and proposed).
    •  Floor Plan, including Outdoor Dining Layout Plan.
    • Outdoor Dining Furniture and Fixture Images, Elevations, and Specifications. 
    Review the Outdoor Dining AUP Submittal Checklist(PDF, 169KB) for additional details and requirements. 

Step 2.Fill out the Outdoor Dining AUP Application:

Outdoor Dining AUP Application(PDF, 152KB)

Step 3.Bring documents to Current Planning 

Submit the Outdoor Dining AUP Application with all documents and plans listed in the above referenced submittal checklist to the Planner on Duty at the Planning Division public counter on the second floor of City Hall (9770 Culver Blvd. Culver City, CA 90232). 

  • Applicants who submit their application in person must pay fees in person via credit/debit card or check made out to City of Culver City. 

  • A digital copy of the plans shall be provided via flash drive or link emailed to the Case Planner.  

If you were assigned a Case Planner prior to submittal, please schedule an appointment with that person to submit your application.  

The Current Planning Division, will review your application within 30 days. The assigned Planner will reach out via email with further instructions. 

 

Fees

Fees for Outdoor Dining on Private Property  

Planning Division Fees 

Payable upon AUP application submittal:  

Current Planning Fee Schedule

  • AUP Application Fee.  
  • Environmental Assessment Fee - Categorical Exemption (unless otherwise determined by staff upon application review).

Payable during AUP application review:  

Public Notification Fee for AUP (Typically ranges between $200-$800. Actual fee may vary depending on public notification radius). 

Building Safety and Public Works Fees 

Payable after approval of an AUP, as part of the Building Permit plan check process: 

  • Building and other Plan Check and Permit Fees, assessed by the Building Safety Division (per permit fee schedule). 
  • Sewer Facility Fees, assessed by Public Works Department (fee varies; calculated by number of dining seats and square-footage).

Consult the Public Works Engineering Division at (310) 253-5600 with questions regarding this fee. 

FAQs

Frequently Asked Questions

How long does an Outdoor Dining AUP take to process? 

Generally, 3-5 months. Actual time frames may vary.

An overview of the AUP process can be found under the “Process” tab. 

How long does an AUP last? 

Once an Outdoor Dining AUP has been approved, the permit remains valid for as long as the outdoor dining area continues to be in use.  If an outdoor dining use is discontinued for a consecutive period of at least one year, the AUP will expire and become null and void. A minor modification to the AUP is required for a change in the tenant occupying the outdoor dining area. 

What standards apply to an outdoor dining area? 

Outdoor dining AUPs are subject to compliance with all applicable CCMC standards, including but not limited to the following standards outlined in CCMC Section 17.400.070.C, 

  • Outdoor dining areas shall be located directly adjacent to the food service establishment is serves. 
  • When located immediately adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the residential use.
  •  All outdoor dining areas shall include some landscaping (e.g., planter boxes or permanent vegetation).
  •  Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures. 
  • Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow. 

The following additional standards may apply to outdoor dining areas at the discretion of the Director if deemed necessary to mitigate impacts on the surrounding area. 

  • Amplified sound and music may be prohibited within the outdoor dining area. 
  • A sound-buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area. The design and height of the wall shall be approved by the Director. 
  • Separation by a physical barrier to define the limits of the outdoor dining space may be required, with the design to be approved by the Director. 

Additional municipal code standards may apply, and additional requirements be imposed on a case by basis if determined necessary to comply with the required Findings.

Can I use some or all of my business’ parking lot for outdoor dining? 

Generally speaking, restaurants and other food service establishments may replace existing surface parking spaces adjacent to the restaurant or food service establishment with outdoor dining areas (subject to approval of an AUP). 

However, applicants should consider how the outdoor dining area may impact any parking spaces that will remain, including driveway and drive-aisle access, parking space dimensions, and parking space back-up clearances. Changes or impacts to parking lot layout or access resulting from a new outdoor dining area are subject to certain municipal code standards which will be reviewed as part of the AUP. In the event the existing parking lot design and layout does not meet current code standards, a new outdoor dining area should not further reduce compliance with standards.

In addition, an outdoor dining area located in a parking area may be required to provide a permanent barrier from the surrounding parking area for safety, and may be required to provide landscaping or other improvements such as changes to the surface/flooring within the outdoor dining area to enhance the visual appeal of the use. 

I have an AUP for alcohol sales. Do I need a separate AUP for outdoor dining? 

Yes.

I have an AUP for alcohol sales. Will I be able to sell alcohol in my new outdoor dining area? 

To sell alcohol in the new outdoor dining area, the business will be required to submit an application to modify the AUP for alcohol to expand the alcohol sales/service area. This may be applied for concurrently with an application for a new or expanded outdoor dining area, subject to additional fees. 

Can I make changes to my outdoor dining area after an AUP is approved? 

Changes to the outdoor dining area may require approval of a minor or major modification to the AUP, subject to approval by the Planning & Development Director. AUP modifications are subject to fees. 

Please call the Planner on Duty at (310) 253-5710 with any other questions.

 

Learn About Other Types of Outdoor Dining Permits

Expand Dining Outdoors into a Public Area

Do you want to expand your dining outdoors onto the sidewalk, the street, or other public area adjacent to your business?

The Public Works Department regularly issues permits for outdoor dining on public property and in the public right of way. Outdoor dining permits are issued on a case-by-case basis. Permit fees and requirements vary and installation expenses are paid for by the individual business. 

Apply or Learn More about Outdoor Dining Permits

Contact: Public Works Department  (310) 253-5621

Photograph showing trees and people seated at outdoor dining tables with umbrellas located in sidewalk area along Culver Blvd with retail building in backgroundPhotograph showing people seated at outdoor dining tables and umbrellas located in closed street area along Culver Blvd with City Hall in background

Build a Permanent Parklet

Do you want to build a permanent space for outdoor dining in a curbside parking space or street shoulder? 

Parklets are a special type of permanent installation established in the street without involving lane closure. Approval of design and construction of permanent parklets can take a few months. Fees apply and implementation is funded by individual businesses.

Apply or Learn more about Parklets

Contact: Public Works Department (310) 253-5634

Photograph of outdoor dining installation in city street along street curb, showing tables, benches and plants in planter boxes, covered by trellis, with woman with yellow backpack walking by.


Contact Us

Phone

(310) 253-5725

Alternate Phone

(310) 253-5710

Location

Culver City Current Planning Division
9770 Culver Blvd - 2nd Floor
Culver City
90232
View Map

Requirements for Outdoor Dining on Private Property

Zoning Code Section 17.400.070

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