SR-400-002-01 (22)
PCD:ADMIN:SF:AA:f:\plan\admin\ccreport\sidewalk usage.doc
Council Meeting: November 11, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Seating, Portable Landscaping and Cigarette Disposal Receptacles within
the Public Right-of-Way, Display of Merchandise in Private Vestibules,
and Special Consideration of Outdoor Dining Regulations in the RVC
District.
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance allowing businesses to place seating, portable landscaping and cigarette
refuse receptacles within the public right-of-way and allowing for display of merchandise
in private vestibules.
BACKGROUND
The current economic downturn has been detrimental to a variety of Santa Monica
businesses. Many businesses, including restaurants, have been particularly impacted by
the drop in tourism and discretionary spending. As restaurants and retail establishments
play a critical role in the vitality of Santa Monica’s commercial districts, provide an
important source of tax revenue, and are important to the overall health of the local
economy, the Council has discussed strategies to help these businesses succeed during
these difficult economic times through measures such as increased opportunities for
outdoor dining, seating and portable landscaping adjacent to businesses, sidewalks free of
cigarette waste, and merchandise displays in private vestibules. These measures are
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designed to create greater variety for pedestrians and thereby enhance the pedestrian
experience, generate broader interest among pedestrians to explore the restaurants and
other businesses, and enhance the economic viability of Santa Monica businesses. With
the continued sluggishness of the economy, exploring opportunities to enhance the
financial strength of local businesses is particularly critical.
At its meeting on June 10, 2003, the City Council introduced interim regulations allowing
for administrative approval of sidewalk dining and waiving parking requirements for
sidewalk dining areas not exceeding 200 square feet. At that meeting, the 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. Council also asked staff to consider whether special
outdoor dining regulations for the RVC district should be considered.
DISCUSSION
Portable Landscaping
While the placement of landscaping that is not offered for sale is currently permitted
outdoors on private property, private landscaping on the public right-of-way is not.
Pursuant to Council direction, the proposed interim ordinance allows for private
landscape planters within the public right-of-way, provided that sidewalk clearance and
pedestrian access to building entrances are maintained. If landscaping is to be left on
the right-of-way when the business is closed, the ordinance requires a license to be
obtained from the City. Otherwise, a sidewalk use permit must be obtained and
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landscaping must be removed from the public right-of-way when the business is closed.
This limitation is necessary to comport with the City’s general prohibition against leaving
unattended private property on public sidewalks. Additionally, under the proposed
ordinance, landscaping cannot exceed twenty-four inches in width or diameter, water
drainage onto the sidewalk must be prevented, planters must be elevated to allow for air
flow of at least two inches between saucer and sidewalk and planters and landscaping
must be maintained in good condition.
Private Seating
The code currently allows for placement of furniture that is not offered for sale outdoors
on private property, though private furniture on the public sidewalk is generally
prohibited. Pursuant to Council direction, the proposed interim ordinance would allow
restaurants to provide private seating not used for dining in the public right-of-way,
provided that sidewalk clearance and pedestrian access to building entrances is
maintained. If seating is to be left on the right-of-way when the business is closed, a
license agreement must be obtained from the City. Otherwise, a sidewalk use permit
must be obtained and the seating must be removed from the public right-of-way when
the business is closed and must be regularly cleaned, must be maintained in good
condition and cannot exceed 24 inches in depth and 36 inches in height. The seating
would be open to anyone due to its location in the public right-of-way and could not be
limited to customers.
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Cigarette Disposal
The disposal of cigarette butts on sidewalks adjacent to some restaurants, bars and
other businesses detracts from the ambience of the City’s commercial districts and is a
major beach and ocean pollution problem. Council asked staff to review options for
encouraging appropriate disposal of cigarette refuse. The proposed ordinance allows
for cigarette refuse receptacles to be placed in the public right-of-way, provided a
license agreement (for all-hours placement) or sidewalk use permit (for placement only
during business hours) is obtained, and requires compliance with standards and regular
maintenance and cleaning. As part of the upcoming process of reviewing litter and
stormwater runoff requirements, the broader issue of requiring certain businesses to
provide these types of receptacles will be addressed.
Outdoor Display of Merchandise in Private Vestibules
Open-air vending and outdoor display of merchandise is generally prohibited by code.
Pursuant to Council direction, the proposed ordinance would allow for outdoor display of
merchandise provided that it does not extend beyond the private, covered vestibule
area, does not exceed 42 inches in height, and is removed from the vestibule while the
business is closed.
Special Regulations in the RVC District
Council asked staff to review whether special sidewalk dining regulations should be
applied to the RVC District or if this District should be exempted from the interim
regulations. The RVC District includes most of the properties along Ocean Avenue
north of Pico Boulevard, including many restaurants. These properties do not appear to
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face conditions or constraints that are different from other commercial districts in the
City or that would warrant special regulations or consideration.
Summary
The interim ordinance provisions require that clear sidewalk areas a minimum of four to
eight feet in width (depending on the width of the subject sidewalk) be maintained
between public elements such as street furniture, trees and landscaping and private
elements such as furniture or landscaping. Prior to expiration of the attached 60-day
interim ordinances, staff proposes to return with an interim ordinance extending the
revised requirements for a one-year period. The proposed test period would provide the
Council and community with an opportunity to evaluate the benefits and impacts to the
City’s commercial areas. In order to further narrow the scope of the testing and
evaluation, the Council may wish to geographically limit the revised regulations to the
City’s primary linear walking districts, Main Street and Montana Avenue, where the
changes may be most effective. As expressed at the Council meeting on
June 10, 2003, staff’s primary concern with the proposed interim ordinance is that
enforcement resources are insufficient to ensure that private landscaping and seating
does not migrate from its permitted location and continues to comply with all other
standards, and merchandise does not migrate from private vestibules and continues to
comply with all other standards.
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BUDGET/FINANCIAL IMPACT
The recommendations in this report do not have any budget or financial impact,
provided that regular enforcement of the new provisions will not be implemented.
RECOMMENDATION
Staff recommends that Council introduce for first reading the interim ordinance included
as Attachment A.
Prepared by: Suzanne Frick, Director, Planning and Community Development
Andy Agle, Assistant Director, PCD
Craig Perkins, Director, Environmental and Public Works Management
Joan Akins, Administrative Services Manager, EPWM
Attachment: Proposed Ordinance
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f:\atty\muni\laws\barry\sidewalk-1.wpd
Council Meeting 11-11-03
Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE PLACEMENT OF FURNITURE, PORTABLE
LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITHIN
THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE
IN PRIVATE VESTIBULES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and declares:
(a) The City of Santa Monica is committed to preserving the economic vitality of
local businesses.
(b) The City is also committed to maintaining the inviting pedestrian orientation of
its commercial streets.
(c) The current economic downturn has adversely impacted the City’s business
community and many businesses, including restaurants, have been especially hard hit
by the drop in tourism and discretionary spending occasioned by present economic
conditions.
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(d) 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.
(e) These amenities also enhance the streetscape and enliven the pedestrian
experience.
(f) The private sidewalk frontage adjacent to many businesses is insufficient to
accommodate these amenities.
(g) 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.
(h) The City Council finds and declares that the public health, safety and general
welfare requires 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 current 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.
(i) Therefore, 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.
(j) Pending completion of these permanent revisions, in order to protect the
public health, safety, and welfare, it is necessary on an interim basis to change current
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development standards as they relate to portable landscape planters, cigarette refuse
receptacles, outdoor seating, and the display of merchandise in private vestibules.
(k) These interim standards will serve to assist restaurants and other retail
establishments to survive during this difficult economic period.
(l) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should this interim ordinance not be adopted. Consequently,
it is necessary for this ordinance to establish on an interim basis the following
development standards:
SECTION 1. Permitted Outdoor Uses.
(a) In addition to the outdoor uses permitted in Santa Monica Municipal Code
Section, 9.04.10.02.340, the following 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
(b) Seating, portable landscape, and cigarette disposal receptacles may only be
placed on a public sidewalk pursuant to either a license agreement prepared in
accordance with administrative guidelines adopted by the City which ensure the City
receives adequate compensation, public safety is maintained, and the City’s aesthetic
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interests are preserved or a sidewalk use permit issued in accordance with subsection
(c) of this Section.
(c) A sidewalk use permit shall be issued if the following standards are met:
(1) Seating must be regularly cleaned, maintained in good condition, and not
exceed 24 inches in depth or 36 inches in height.
(2) 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.
(3) Cigarette refuse receptacles must comply with City design standards, be
regularly cleaned, and be maintained in good condition.
(4) 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.
(5) All items placed on the public sidewalk must be removed when the business
establishment is closed.
(6) The business establishment must assume all liability associated with the
placement of these items on the public sidewalk.
(7) The business establishment must pay the reasonable processing costs for the
sidewalk use permit.
(d) The following use shall be permitted outside an enclosed building:
(1) Outdoor display of merchandise entirely within the covered vestibule area of
a retail establishment provided that the display does not exceed 42 inches in height and
is removed from the vestibule when the business is closed.
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SECTION 2. This Ordinance shall be of no further force or effect sixty days after
its effective date unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
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SECTION 3. 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 4. 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 5. 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 become effective 30
days from its adoption.
APPROVED AS TO FORM:
____________________________
MARSHA JONES MOUTRIE
City Attorney
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