SR-400-002-01 (23)
PCD:ADMIN:SF:AA:f:\plan\admin\ccreport\sidewalk use extension.doc
Council Meeting: January 13, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Extension of Interim Ordinance regarding Seating, Portable Landscaping
and Cigarette Disposal Receptacles within the Public Right-of-Way and
Display of Merchandise on Private Property
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance extending for one year an initial 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 on Main Street
and Montana Avenue. On December 9, 2003, the City Council introduced for first
reading an interim, 60-day ordinance that contained the sidewalk-related provisions.
The ordinance will expire on March 15, 2004, unless the proposed interim ordinance
(Attached A) is adopted.
DISCUSSION
The proposed ordinance is intended to ensure continuity of the interim sidewalk use
standards through February 27, 2005. This one-year period provides the Council and
community with an opportunity to review whether the interim provisions have assisted in
improving the pedestrian environment and economic vitality of the City’s commercial
districts.
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The adopted interim ordinance allows businesses to display private merchandise of no
more than 60 inches in height and 36 inches in width and depth within private, covered
vestibules on Main Street and Montana Avenue. At the December 9, 2003 meeting,
Council directed staff to return with options for allowing private merchandise to be
displayed on sidewalk-adjacent private property other than vestibules. Council could
consider permitting businesses to display merchandise on private property with the
following conditions:
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covered arcades,
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covered colonnades,
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patios covered by permanent structure, such as building overhangs or other
cantilevers without support columns,
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patios covered by awnings, canopies, or similar coverings, or
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uncovered patios.
Expanding the outdoor private areas where merchandise is permitted will further
challenge enforcement of these provisions, given current resources. Allowing
merchandise display on any covered or uncovered private property is particularly
cumbersome to enforce as it requires staff to consult right-of-way or permit records to
determine public and private property boundaries. It may also create challenges with
respect to the public’s perception of the sidewalk. While supporting columns, arches
and building walls help delineate the boundaries between public sidewalk and private
property, these boundaries are less clear with respect to awnings, cantilevered building
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overhangs or uncovered private property. The public may perceive merchandise as
cluttering or obstructing the sidewalk.
If Council were to expand the conditions under which display of merchandise on outdoor
private property is permitted, staff recommends that the limitation on merchandise size
(i.e. 60 inches in height and 36 inches in width and depth) be maintained.
BUDGET/FINANCIAL IMPACT
As discussed in the December 9, 2003 staff report, some increment of permit fees and
licensing revenue will be realized as a result of the adoption of the ordinance and its
implementation. It is not possible at this time to estimate the amount. Future budget
projections will be based on actual levels of participation by businesses. In regard to
expenditures associated with this action, if monitoring and enforcement are carried out
by existing staff, there should be no incremental cost to the City. If Council's
expectation is that a program of regular monitoring and enforcement be implemented,
the impacts may be best addressed during the mid-year budget review and community
priorities discussion anticipated for the second meeting in January.
RECOMMENDATION
It is respectfully recommended that the Council introduce the interim ordinance included
in Attachment A for first reading.
Prepared by: Suzanne Frick, Director, Planning and Community Development
Andy Agle, Assistant Director, Planning and Community Development
Attachment A: Proposed Interim Ordinance
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f:\atty\muni\laws\barry\sidewalk use extension (2)
Council Meeting 1-13-04
Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INITIAL INTERIM ORDINANCE 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) 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.
However, this ordinance will expire on March 15, 2004, unless extended. This will
provide the Council and community with an adequate time to assess whether the interim
provisions have assisted in improving the economic vitality of the City’s commercial
districts.
(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 extend the provisions of Ordinance Number 2101
(CCS) up to and including February 27, 2005 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:
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(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
interest is 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.
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(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 on
properties zoned CM or zoned C2 on Montana Avenue:
(1) Outdoor display of merchandise entirely within the covered vestibule area of
a retail establishment provided that the display does not exceed 60 inches in height, 36
inches in width and 36 inches in depth and is removed from the vestibule when the
business is closed.
SECTION 2. This Ordinance shall be of no further force or effect after February
27, 2005 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.
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.
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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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