O2255f:\atty\muni\laws\barry\Sidewalk Use CityCouncilCodeChange 3-25-08
City Council Meeting 3-25-08 Santa Monica, California
2255
ORDINANCE NUMBER (CCS)
(City Council Series)
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.340 TO
AUTHORIZE THE PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND
CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND
THE DISPLAY OF MERCHANDISE IN PRIVATE VESTIBULES
WHEREAS, the City of Santa Monica is committed to preserving the economic
vitality of local businesses; and
WHEREAS, the City is also committed to maintaining the inviting pedestrian
orientation of its commercial streets; and
WHEREAS, the economic downturn earlier this decade adversely impacted the
City's business community and many businesses, including restaurants, were especially
hard hit by the drop in tourism and discretionary spending occasioned by these
economic conditions; and
WHEREAS, outdoor seating, portable landscaping adjacent to businesses,
merchandise displays in private vestibules, and outdoor cigarette refuse receptacles
make local businesses more attractive to potential patrons; and
WHEREAS, these amenities also enhance the streetscape and enliven the
pedestrian experience; and
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WHEREAS, the private sidewalk frontage adjacent to many businesses is
insufficient to accommodate these amenities; and
WHEREAS, accordingly, on June 10, 2003, the City Council directed staff to
prepare an interim ordinance allowing for portable landscape planters, seating and
cigarette refuse receptacles in the public right-of-way and display of merchandise in
private vestibules and staff returned with a proposed ordinance as directed; and
WHEREAS, the City Council found and declared that the public health, safety
and general welfare required adoption of an interim ordinance to authorize the
placement of seating, portable landscape planters, and cigarette refuse receptacles in
the public right-of-way and the display of merchandise in private vestibules in order to
provide assistance to the City's restaurants given the economic conditions and the
critical role that restaurants play in the vitality of the City's commercial districts and the
overall health of the local economy; and
WHEREAS, the City Council also found that the City's zoning and planning
regulations should be revised to allow the placement of the above specified objects in
the public right-of-way and in private vestibules; and
WHEREAS, pending completion of these permanent revisions, in order to protect
the public health, safety, and welfare, it was necessary on an interim basis to change
current development standards as they relate to portable landscape planters, cigarette
refuse receptacles, outdoor seating, and the display of merchandise in private
vestibules; and
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WHEREAS, these interim standards served to assist restaurants and other retail
establishments to survive during this difficult economic period; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2101 (CCS) on December 16, 2003 which allowed businesses to place seating,
portable landscaping and cigarette refuse receptacles within the public right-of-way and
to display merchandise in private vestibules on Main Street and Montana Avenue,
extended Ordinance Number 2101 (CCS) on January 27, 2004 through the adoption of
Ordinance Number 2112 (CCS) on January 25, 2005 through the adoption of Ordinance
Number 2147 (CCS), and on July 25, 2006 through the adoption of Ordinance Number
2201 (CCS); and
WHEREAS, Ordinance Number 2201 (CCS) will be of no further force and effect
after April 29, 2008; and
WHEREAS, the proposed amendment is consistent in principle with several of
the goals, objectives and policies of the General Plan in that the amendment is
consistent with Land Use Element Objective 3.3 which requires the enhancement of the
pedestrian scale and character of streets and public spaces and Policy 3.4.2 which
states the City is to establish guidelines for the improvement of public the streetscape
including paving, lighting, street furniture, public signage, and art; and
WHEREAS, the public health, safety and general welfare requires the adoption of
the provisions to make local businesses more attractive to potential patrons through the
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enhancement of the streetscape, thereby improving the overall health of the local
economy,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.02.340 is hereby
amended to read as follows:
9.04.10.02.340 Permitted outdoor uses.
The following uses, if identified as a permitted use in
the district, shall be permitted outside of an enclosed
building provided they are entirely on private property, or on
public property when otherwise permitted by this Code:
(a) Drive-in and drive-through restaurants.
(b) Patio tables, chairs, umbrellas, and similar outdoor
accessories used in connection with a restaurant.
(c) Vending machines, including weighing scales,
when accessory to a business conducted within a building.
(d) Border materials, flower pots, trellises and the
like, provided they are accessory to a retail plant nursery and
do not exceed fifteen percent of the inventory of the nursery
business.
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(e) Automobile dealership display and storage lots.
(f) Outdoor vending or display when otherwise
permitted by this Code.
(g) Outdoor newsstands when otherwise permitted by
this Code.
(h) The following additional uses shall be permitted
outside of an enclosed building on a public sidewalk:
(1) Seating accessory to a legally established
restaurant or other eating and drinking establishment that is
located immediately in front of the business and is not used
for customer dining or drinking.
(2) Portable landscape and cigarette disposal
receptacles accessory to a legally established retail
establishment, restaurant, or other eating and drinking
establishment that are located immediately in front of the
business
(3) Seating, portable landscape, and cigarette
disposal receptacles may only be placed on a public
sidewalk pursuant to this subsection (h)(1) or (h)(2) if either
a license agreement is obtained in accordance with
administrative guidelines adopted by the City which ensure
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the City receives adequate compensation, public safety is
maintained, and the City's aesthetic interest is preserved or
a sidewalk use permit is issued in accordance with the
following standards:
(A) Seating must be regularly cleaned, maintained in
good condition, and not exceed 24 inches in depth or 36
inches in height.
(B) Landscaping planters must not exceed 24 inches
in width or diameter, must prevent water drainage onto the
sidewalk, must be elevated at least two inches off the
ground, and must be maintained in good condition.
(C) Cigarette refuse receptacles must comply with
City design standards, be regularly cleaned, and be
maintained in good condition.
(D) A four foot contiguous sidewalk width must be
kept clear for pedestrian passage at all times and pedestrian
access to building entrances must not be impeded.
(E) All items placed on the public sidewalk must be
removed when the business establishment is closed.
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(F) The business establishment must assume all
liability associated with the placement of these items on the
public sidewalk.
(G) The business establishment must pay the
reasonable processing costs for the sidewalk use permit.
(i) In the CM District or the C2 District, a single
outdoor display of merchandise entirely within the covered
vestibule, arcade or colonnade area of a retail establishment
provided that the single display does not exceed 60 inches in
height, 36 inches in width and 36 inches in depth, or 42 in
height, 48 inches in width and 36 inches in depth, and
provided that the single display is removed from the
vestibule, arcade or colonnade when the business is closed.
However, garment racks shall be prohibited.
Q) Fees for license agreements and use permits shall
be established by resolution of the City Council.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption.
APPROVED AS TO FORM:
~~T
MA SHA JON MOUTRIE ~Z
City Attorney
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Approved and adopted this 25th day of Ma
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M: Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2255 (CCS) had its introduction on . 02/26/08; and was
adopted at the Santa Monica City Council meeting held on I o3/25/os ~, by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2255 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
--
Maria M. Stewart, City Clerk