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SR-410-001-05 (3) I...,.. I f>g peT 14 _ PCD:SF:M:f:\plan\admin\downtown task force\promenade frontage.extension.doc Council Mtg: October 14, 2003 Santa Monica, California TO: Mayor and City Council FROM City Staff SUBJECT: Third Street Promenade Linear Frontages INTRODUCTION This report recommends that the City Council introduce for first reading an interim ordinance extending for one year an initial interim ordinance limiting the frontage of new or expanded uses on the Third Street Promenade to no more than 50 linear feet and providing required findings for exceptions. BACKGROUND On September 9, 2003, the City Council held first reading of an interim ordinance limiting new or expanded business frontages on the Third Street Promenade to no more than 50 linear feet, and requiring any remaining frontage of a building or site to maintain a minimum depth of 50 feet. Council adopted the interim, 60-day ordinance on September 23, 2003, and the ordinancEl will expire on December 22, 2003, unless an extension ordinance (Attached A) is adopted Council also directed staff to include an exception process as part of the extending ordinance, DISCUSSION The proposed ordinance extends the interim restrictions until October 28, 2004, in order to provide sufficient time to enact permanent legislation. Pursuant to Council direction, the ordinance also provides for an exception process. Any new or expanding business 1 1B OCT 1 4 2003 applying to create a frontage of more than 50 feet along the Third Street Promenade, or to create a remaining Promenade-fronting space with less than 50 feet in depth, would be required to obtain a Use Permit. In order to grant a Use Permit allowing for a frontage of greater than 50 feet, the Zoning Administrator, or Planning Commission on appeal, would be required to make at least one of the following special findings: · The proposed use is an entertainment-related use that adds to the overall vitality and diversity of the district, but cannot be accommodated within a Third Street Promenade frontage of no more than 50 feet; The proposed use adds to the diversity of the district by providing goods or services that are not otherwise available in the district, but cannot be accommodated within a Third Street Promenade frontage of no more than 50 feet; or I- The conditions of the proposed site would make it physically or practically infeasible for the use to occupy a Third Street Promenade frontage of no more than 50 feet. In addition, the granting authority would be required to make general Use Permit findings regarding the compatibility of the proposed use. CEQA STATUS The proposed ordinance is categorically exempt from CEQA under Class 5, minor alterations in land use limitations. Because the ordinance reflects present retail sizes, it will not result in any new changes in land use or density and is therefore categorically exempt from CEQA. BUDGET/FINANCIAL IMPACT Adoption of the proposed ordinance will have no budget or financial impact. 2 RECOMMENDATION It is respectfully recommended that the Council introduce the attached interim ordinance for first reading. Prepared by: Suzanne Frick, Director Andy Agle, Assistant Director Planning and Community Development Department Attachment: Proposed Interim Ordinance 3 f:\atty\mu n i\laws\barry\promen-1 . wpd Council Meeting 10-14-03 Santa Monica, California ORDINANCE NUMBER _ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE REQUIREMENT THAT NEW OR EXPANDED USES ON THE THIRD STREET PROMENADE HAVE A PROMENADE FRONTAGE THAT DOES NOT EXCEED FIFTY LINEAR FEET UNLESS A USE PERMIT IS OBTAINED AND REQUIRING ANY REMAINING PROMENADE FRONTAGE WITHIN THE BUILDING OR SITE TO PROVIDE A MINIMUM DEPTH OF FIFTY FEET SECTION 1. Findings and Purpose. The City Council finds and declares: (a) In 1965, the City Council sought to revitalize its declining downtown business district by closing three blocks of Third Street to vehicular traffic and creating a pedestrian shopping mall pursuant to the Pedestrian Mall Act. (b)The Third Street Mall failed. It did not attract shoppers; and, as a result, businesses on the mall continued to founder, and the downtown business district continued to decline. (c) In 1986, the City Council again acted to revitalize the downtown by adopting a specific plan for transforming the failing mall. (d) The Specific Plan made variety the foundation of the mall's future, mandating a diverse mixture of uses and activities appealing to residents and visitors alike. (e) Pursuant to this plan, the City embarked upon a substantial effort to transform the moribund Third Street Mall into an innovative public space which would serve as a community gathering place, attract visitors from near and far and define the City's 1 municipal character. The redesign included numerous improvements to the pedestrian street: retail pavilions, landscaping, water elements, public benches, street lamps, and topiary dinosaur sculptures in the central landscaped area of each block. The area was renamed the Third Street Promenade. (f) From the time of its conception, the Promenade was distinguished from other shopping areas by the unusual and carefully balanced mix of opportunities it afforded, including street performance, sidewalk dining, cinema, bookstores, special events, clothing stores, specialty shops, and night clubs. (g) Thus, the Third Street Promenade was conceived and created not simply as a shopping mall; it was a place to go for entertainment, company, relaxation, strolling; a place where one could watch jugglers and dancers, dine outdoors, argue politics, listen to music, browse a books hop, take in a movie and more. (h) Moreover, the Third Street Promenade was planned as a gathering place for all segments of society: children, the elderly, and people from all cultural and economic groups. (i) The plan succeeded the Third Street Promenade flourished, becoming a favored destination for local residents, Southern Californians and international travelers alike. U) As such, it became, and remains, an engine which drives Santa Monica's economy. (k) However, maintaining the delicate balance of entertainment, restaurants and retail uses, which is the foundation of the Third Street Promenade's success, has been an ongoing challenge. 2 (I) Over the years, market forces have threatened the mix many times; and the City has responded to preserve the Third Street Promenade's unique character through the adoption of laws and polices which promote the general welfare by maintaining the Promenade's eclectic character and diversity. (m) In 1996, the City revised the Third Street Mall Specific Plan through the adoption of the Bayside District Specific Plan. A critical objective of this plan remained to "[a]ttract and accommodate a mix of uses" serving residents, visitors and tourists during both daytime and evening hours, To this end, the specific plan established a ten-year projection and plan for facilitating controlled growth of retail outlets on the Third Street Promenade, (n) In the ensuing years, retail growth far exceeded expectations, This trend threatened to convert the Promenade into an ordinary shopping mall. (0) Therefore, in November of 2001, the City Council adopted Ordinance Number 2030 (CCS) establishing a moratorium on new and expanded ground floor retail use. moratorium was extended by Ordinances Number 2032, 2062, and 2082 (CCS) for the reasons detailed in the findings of these ordinances and for the reasons given here. findings of these moratorium ordinances describe the threat to the Promenade's viability which the ordinances address. (p) After adoption of Ordinance Number 2030 (CCS), the City Council established a Promenade Uses Task Force to study the Promenade issues, to seek feedback and input from the community, and to make recommendations to the City Council regarding the appropriate mix of uses on the Promenade. 3 (q) The Task Force met regularly between May 2002 and March 2003, considering goals and objectives for the Promenade and the Downtown, reviewing relevant City policies and regulations, and conducting community workshops. (r) The Task Force prepared a report and a series of recommendations for review by the City Cou ncil (s) The Task Force report identified oversized retail uses as limiting opportunities for a wide variety of storefronts. As the report explains, a mosaic of storefronts is critical to the Promenade's vibrancy and vitality and enlivens and enriches its pedestrian-oriented character. The absence of such variety would adversely effect these essential components of the Promenade. (t) The trend towards oversized uses is a significant threat to the diverse atmosphere of the Promenade. (u) On June 10, 2003, the City Council reviewed the recommendations of the Promenade Uses Task Force and directed that staff return with an interim ordinance to respond to the threat posed by oversized uses. (v) For these reasons, the City's zoning and planning regulations should be revised as they pertain to oversized uses on the Promenade. (w) Pending completion of these permanent revisions, in order to protectthe public health, safety, and welfare, it is necessary on an interim basis to change current development standards as they relate to oversized retail uses on the Promenade. (x) In light of these concerns, the City Council adopted Ordinance Number 2096 (CCS) on September 23,2003 which limited the frontage of new or expanded uses on the 4 Third Street Promenade to no more than 50 linear feet. However, that ordinance will expire on December 22,2003 unless the proposed extension ordinance is adopted (y) As described above, there exists a current and immediate threat to the public safety, health, and welfare should the interim ordinance not be adopted and oversized retail uses not be allowed consistent with these proposed revisions. Therefore, the City Council finds that the public health, safety and general welfare mandate the requirement that new or expanded uses have a Promenade frontage that does not exceed fifty linear feet unless a use permit is obtained and other related requirements be continued on an interim basis. Consequently, this ordinance extends the provisions of Ordinance No. 2096 (CCS), with modifications, up to and including October 28, 2004, During this interim period, the following development standards shall apply: SECTION 1 Promenade Frontage Requirements for New or Expanded Uses (a) Unless a use permit is obtained pursuant to subsection (b) of this Section, a new or expanded use to be located on the Third Street Promenade shall only be issued a business license or building permit if the Third Street Promenade frontage of the new or expanded use would not exceed fifty (50) feet (b) A new or expanded use on the Third Street Promenade may exceed the fifty (50) foot limitation established by subsection (a) of this Section if a use permit is obtained pursuant to Santa Monica Municipal Code Section 9.04.20.11.010 et sec. and one of the following additional findings of fact is made: 5 t\'IOli~, . -"" . 1" ~ 1-- ~i"" ...... .... ,I I I / I 'I \'"i~'~~#'~ (1) The proposed use is an/entertainment-related use that adds to the overall vitality and diversity of the Bayside District and the use cannot be accommodated within a Third Street Promenade frontage of 50 feet or less (2) The proposed use adds to the diversity of the district by providing goods or services that are not otherwise available in the Bayside District and the use cannot be accommodated within a Third Street Promenade frontage of 50 feet or less. (3) The conditions of the proposed site make it physically or practically infeasible for the use to occupy a Third Street Promenade frontage of 50 feet or less. (c) Notwithstanding subsections (a) and (b) of this Section, no business license or building permit shall be issued for a new or expanded use if any remaining Promenade frontage on the site or within the building containing the use has a depth of less than fifty (50) feet unless a use permit authorizing the reduced depth is obtained pursuant to Santa Monica Municipal Code Section 9.04.20 1.010 et sec. (d) A new or expanded use shall also comply with the property development standards for the Bayside District as set forth in the City's Zoning Ordinance except to the extent inconsistent with this Section. SECTION 2. This Ordinance shall apply to any business license or building permit application filed after September 9, 2003 SECTION 3. This Ordinance shall be of no further force or effect after October 28, 2004 unless prior to that date, after a public hearing, noticed pursuant to Santa Monica 6 Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance, SECTION 4. 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, SECTION 5. 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 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 6. 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 7 newspaper within 15 days after its adoption. This Ordinance shall become effective thirty (30) days from its adoption. APPROVED AS TO FORM: 8