Frequently Asked Questions (FAQ)
- If I currently provide outdoor dining on private property and have the Temporary Al Fresco permit, will I need to get any new permits or approvals when the Al Fresco ordinance for outdoor dining on private property is adopted?
Yes. New permits, such as a building permit or an altered building permit, from the Department of Building and Safety will be required. A discretionary approval from City Planning may also be required if the outdoor dining activity requires relief from any applicable zoning standards and/or includes alcohol service.
- Will I need to get a new entitlement to serve alcohol if I am currently allowed to serve alcohol through an approved Conditional Use Permit or the Restaurant Beverage Program?
If the outdoor dining and alcohol service are consistent with the conditions and/or standards of the existing Conditional Use Permit or Restaurant Beverage Program Administrative Clearance, and the existing Alcoholic Beverage Control license, then no additional approval from City Planning may be needed. However, if the outdoor dining or alcohol service has changed or deviated from the approved conditions and/or standards (e.g. increase or reduction in occupant load, square footage, or operating hours), then an updated approval or new application will be required, depending on the scope of the change.
- Where should I go to renew my permits for outdoor dining when the Al Fresco Ordinance for outdoor dining on private property is adopted?
The Department of Building and Safety and the Bureau of Engineering have public counters in Van Nuys, San Pedro and downtown Los Angeles. Click on the link: https://www.ladbs.org/services/core-services/plan-check-permit
An appointment is needed to submit an application. For assistance, call 311 if you live in Los Angeles or (213) 473-3231 if you live outside Los Angeles.
- How are the private property requirements for the proposed Al Fresco Ordinance different from the requirements in the Temporary Al Fresco permit?
Some differences between the Temporary and proposed Al Fresco Ordinance regulations include differences in the minimum distance between outdoor dining and a residential zone, the maximum number of parking spaces that may be displaced by outdoor dining, hours of operation, and allowed location of outdoor dining. In addition, under the proposed Ordinance applicants will no longer be allowed to self-certify their outdoor dining operations. All applicable permits and approvals will be required and plans will need to be reviewed and approved by the Department of Building and Safety, the Fire Department, and in some instances, the Planning Department.
- What permits do I need if I have outdoor dining on the sidewalk or the street in addition to outdoor dining on private property?
If you have outdoor dining in the public right-of-way, as well as on private property, you will need to apply for a Revocable Permit from the Bureau of Engineering in addition to a building permit or an altered building permit from the Department of Building and Safety. If the outdoor dining includes in-street dining, then LADOT will also be involved in the review of the Revocable Permit application.
- How will the Ordinance protect residential neighbors from noise impacts?
The ordinance proposes distancing requirements between Outdoor Dining Areas and A (Agricultural) and R (Residential) Zones with the exception of RAS (Residential/Accessory) Zones. No live entertainment, music or dancing are allowed in outdoor dining areas, and hours of operation are limited to the hours that the kitchen facilities of the associated restaurant are open for meal ordering.
- Do other departments, such as Building and Safety and the Fire Department, have requirements for outdoor dining?
Yes. Applicants are required to comply with all Building and Safety, Fire Department, and any other relevant department regulations as noted in the permit clearance process.
- Does the proposed Al Fresco Ordinance have a relief mechanism if a restaurant operator cannot comply with some of the standards?
Yes, operators who cannot comply with some of the Ordinance’s standards for outdoor dining may apply for relief through a Conditional Use Permit.
- What are the next steps in the legislative process?
City Planning has released a draft ordinance for public review. Initial outreach to stakeholders and interested parties is scheduled in early 2023, including an informational webinar and a public hearing to gather feedback. A schedule of outreach events can be found here.
A staff report with recommendations will be prepared following the public hearing and the proposed ordinance will be presented to the City Planning Commission for consideration. The proposed Ordinance will subsequently be considered by the Planning and Land Use Management (PLUM) Committee of the City Council and finally by the full City Council. - How can I provide input on the draft Permanent Al Fresco ordinance?
Comments and feedback may be emailed to alfresco.planning@lacity.org or mailed to Mary Richardson, Department of City Planning, 200 N. Spring St., Room 701, LA, CA 90012. Public testimony may also be provided during the hearings conducted by a hearing officer and decision-making bodies described above in Question 9.
As we are aiming to present the ordinance and staff recommendations to the City Planning Commission in the Spring of 2023, the initial deadline for submitting public comments to staff is 5:00 PM on March 3rd, 2023. This is to ensure that staff have sufficient time to incorporate feedback received into the staff recommendation report. Comments submitted after March 3rd will continue to be added to the project file for consideration, but may not be guaranteed to be incorporated into the staff recommendation report.
Once the City Planning Commission has considered the proposed Ordinance, comments and feedback should be submitted directly to the Council File - CF 20-1074
