SR 04-26-2016 7D
City Council
Report
City Council Meeting: April 26, 2016
Agenda Item: 7.D
To: Mayor and City Council
From: David Martin, Director, Planning and Community Development, Planning &
Community Development, City Planning
Subject: Adoption of an Emergency Interim Ordinance to Authorize the Issuance of
Additional Temporary Use Permits for Temporary Sidewalk Sales Undertaken
in Conjunction with a City Public Street Event by Business Improvement
Districts and Areas and by Businesses Located within a Seven Hundred Fifty
Foot Radius of the City Event and Waiving the Filing Fee for Temporary Use
Permits that Will Be Exercised During the City Public Street Event by These
Entities
Recommended Action
Staff recommends that the City Council:
1) Adopt the attached emergency interim ordinance authorizing the issuance of
additional Temporary Use Permits for temporary sidewalk sales undertaken in
conjunction with and contemporaneous with a City public street event by
business improvement districts and areas and by businesses located within a
750-foot radius of the City event; and
2) Waive the filing fee for Temporary Use Permits that will be exercised in
conjunction with and contemporaneous with the City public street event by these
entities.
Executive Summary
On June 5, 2016, the City will celebrate the arrival of the Expo Line Phase Two by
undertaking a City-produced Open Streets event to celebrate mobility,
culture, and sustainability. The City is working closely with local businesses and
neighborhood and community partners who have expressed the desire to undertake
activities such as sidewalk and food/beverage sales in conjunction with the event.
sales. However, businesses are limited to four such events, except sidewalk sales
located on the public right of way are limited to two events within any 12-month period,
and Business Improvement Districts are limited to two such events within any 12-month
period. In establishing these numerical limitations, the City did not contemplate this type
of City-produced Coast event and its opportunities for business participation. Certain
Business Improvement Districts will already reach this numerical limitation based on
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sidewalk sales events that have already been undertaken or will be undertaken apart
from this City event.
In order to minimize the impacts that this public Coast event will have on businesses
located within or near the event and to enable these businesses to undertake activities
in conjunction with the event, it is necessary for the Council to enact this emergency
interim ordinance to expand the frequency that temporary use permits may be obtained
for sidewalk sales when these additional sales are undertaken in conjunction with a
City-produced public street event and to waive the filing fee for temporary use permits
sought in conjunction with this event.
Background
On March 2, 2016, the City Council was presented with an information item regarding
the planned festivities to mark the official opening of Expo Line Phase Two. In addition
to supporting Met
Santa Monica stations on opening day, the City is also planning a series of community-
oriented events to help welcome Expo to the City including a City-produced Open
Streets (Coast) event on June 4, 2016. City Public Street Events are authorized
pursuant to Administrative Instruction II-4-
The one-day Coast event will allow pedestrian and bicycle access to streets free of
automobiles with activity hubs along the route and will extend approximate 2.5 miles
encompassing portions of Main Street, Colorado Avenue, and Ocean Avenue. The
event will focus on sustainable mobility, celebrate the arrival of Expo, and capitalize on
the completion of the Colorado Esplanade while weaving art, culture, and environmental
learning opportunities throughout.
The City is working closely with local businesses and neighborhood and community
partners to ensure favorable and mutually beneficial outcomes from the Coast event.
Businesses located along and close to the Coast event depend on street access and
accessibility to public parking for their employees and customers, and businesses
located on the streets encompassed within this event or within close proximity to the
event have both expressed concern about the impact the event will have on their
businesses given the significant reduction in automobile traffic that will be allowed and
the fact that certain streets and public parking lots in the area will become wholly
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inaccessible to vehicles. These businesses have also expressed the desire to
undertake activities such as sidewalk and food/beverage sales in conjunction with the
event.
Discussion
.
However, pursuant to Santa Monica Municipal Code (SMMC) Section 9.31.370(B)(2)(d),
businesses are limited to four such events within any 12-month period, except sidewalk
sales located on the public right of way are limited to two events within any 12-month
period. The Zoning Ordinance also authorizes Business Improvements Districts and
Areas to undertake a maximum of two sidewalk sales located on the public right of way
within any 12-month period. In establishing these numerical limitations, the City did not
contemplate this type of City-produced Coast event and its associated impacts and
opportunities for business participation. Certain Business Improvements Districts will
already reach this numerical limitation based on sidewalk sales events that have
already been undertaken or will be undertaken apart from this City event.
Zoning Ordinance also authorizes TUPs for fairs or festivals or similar compatible
temporary uses.
In order to minimize the impacts that this Coast event will have on businesses located
within or near the event and to enable these businesses to undertake activities in
conjunction with the event, it is necessary for the Council to enact this emergency
interim ordinance to expand the frequency that TUPs may be obtained for sidewalk
sales when these additional sales are undertaken in conjunction with a City-produced
public street event and to waive the filing fee for TUPs sought in conjunction with this
event. The current filing fee for a TUP application is $1,395.00. These Council actions
could not have been undertaken at an earlier time because the process of planning for
this Coast event and defining its parameters and potential impacts had not been
completed.
As proposed in the Interim Ordinance, the issuance of a TUP for a sidewalk sale by a
Business Improvement District or Area that is geographically located, in whole or in part,
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within the parameters of a City Public Street Event authorized pursuant to
Administrative Instruction II-4-r by any business
not within business improvement districts and areas but located within a 750 foot radius
of the City Public Street Event and that will be exercised contemporaneous with and in
conjunction with the City Public Street Event would not count towards the TUP
numerical limitation established in SMMC Section 9.31.370(B)(2)(d). In addition, no
filing fee would be required for any TUP sought by a Business Improvement District or
Area that is geographically located within the parameters of a City Public Street Event
authorized pursuant to Administrative Instruction II-4-4 or by any business not within
business improvement districts and areas but located within a 750 foot radius of the City
Public Street Event and that will be exercised contemporaneous with and in conjunction
with the City Public Street Event. This Emergency Interim Ordinance will be immediately
effectively and shall be of no further force or effect sixty days after its adoption, unless
prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal
Code Section 9.37.050, the City Council, by majority vote, extends this interim
ordinance
Adoption of the Emergency Interim Ordinance would minimize any potential adverse
impacts to businesses created by the Coast event and allow for increased community
and business participation in this unique, one-day event.
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California
Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation
Guidelines (common sense exemption). Based on the evidence in the record, it can be
seen with certainty that there is no possibility that the proposed interim ordinance may
have a significant effect on the environment. The recommended interim ordinance
represents a minor and temporary change and does not substantively alter the
standards and regulations within the Zoning Ordinance. Therefore, no further
environmental review under CEQA is required.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By:
Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:
A. Draft Interim Ordinance
B. March 2, 2016 City Council Info Item (web link)
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