SR-400-005-04 (10)
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PCD:ADMIN:SF:AA:f:\plan\admin\miscproj\sidewalk use\dining june04 extension.doc
Council Meeting: June 8, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Sidewalk Dining Interim Ordinance Extension
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance extending for two years an interim ordinance allowing administrative approval
of sidewalk dining and waiving parking requirements for sidewalk dining areas not
exceeding 200 square feet. On June 10, 2003, the City Council adopted an initial
interim ordinance containing the sidewalk dining provisions, which was extended for one
year on July 8, 2003 and will expire on August 6, 2004, unless the proposed interim
ordinance (Attachment A) is adopted.
BACKGROUND
The City Council adopted the current interim ordinance in order to help restaurants
succeed and to enhance the vitality of Santa Monica's commercial districts. A copy of the
original staff report is attached (Attachment B).
DISCUSSION
The proposed interim ordinance would continue to ameliorate a major impediment to
establishing outdoor dining, the requirement for new parking. It would leave in place the
present permit standards and minimum pedestrian access along the sidewalk. The
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waiver of parking would apply to any outdoor area 200 square feet or less. This figure
assumes a 50-foot wide area four feet in depth.
The interim ordinance would also continue to provide for administrative approval of
sidewalk dining. As obtaining a Performance Standards Permit creates uncertainty in
the approval process, the permit requirement may deter restaurants, especially
independent restaurants, from adding sidewalk dining. Allowing administrative approval
of sidewalk dining, subject to Project Design and Development Standards that reflect
the current Performance Standards Permit criteria, may be more conducive to the
establishment of sidewalk dining.
Council established the one-year interim ordinance in order to assess the impacts of the
new outdoor dining provisions. Since adoption of the interim ordinance, five outdoor
dining permits have been granted pursuant to the new requirements, including two in
the Main Street District, one on Wilshire Boulevard at the edge of the Bayside District,
one on Wilshire Boulevard east of downtown, and one on Santa Monica Boulevard in
the Mid-City area. The interim requirements have not resulted in an explosion of
outdoor dining establishment nor a noticeable effect on existing parking resources. Yet
the provisions likely have enabled outdoor dining to occur in situations that would not
otherwise be possible.
Staff recommends that the Council extend the interim ordinance for an additional two
years. The two-year period would provide additional opportunity for the Council and
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community to review the results of the interim requirements. If the revised procedures
are deemed to be successful, the proposed Zoning Ordinance update could include
such provisions.
BUDGET/FINANCIAL IMPACT
The recommendations in this report do not have any budget or financial impact.
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, PCD
Craig Perkins, Director, Environmental and Public Works Management
Joan Akins, Administrative Services Manager, EPWM
Attachment A
Attachment B
Proposed Ordinance
May 20,2003 Staff Report
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Attachment A
Proposed Ordinance
f:\atty\muni\laws\barry\sidewalk dining extension3-1
Council Meeting 6-8-04
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING, WITH MODIFICATIONS, THE INTERIM ORDINANCES
ALLOWING ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES AND WAIVING
THE PARKING REQUIREMENT FOR SIDEWALK CAFES
OF A SPECIFIED SIZE
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 recent economic downturn significantly impacted the City's business
community.
(b) Restaurants were especially hard hit by the drop in tourism and discretionary
spending occasioned by present economic conditions.
(c) Restaurants serve a critical role in the vitality of the City's commercial districts,
provide an important source of tax revenue, and are essential to the overall health of the
local economy.
(d) Sidewalk dining can be an important component of a restaurant's operations
since it provides dining opportunities that take advantage of the City's moderate climate
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and enhances the overall ambiance of the City. Sidewalk dining is particularly attractive
during the summer and fall months.
(e) Currently, the City allows the establishment of sidewalk dining in all commercial
districts and the Residential Visitor Commercial District subject to the approval of a
Performance Standard Permit and either a licensing agreement or a Sidewalk Use Permit.
(f) Santa Monica Municipal Code Section 9.04.12.120 establishes the general
zoning requirements that govern sidewalk cafes. Specific design guidelines have also
been developed that govern the placement and operation of outdoor dining uses along the
Promenade, Transit Mall and Ocean Avenue.
(g) On February 11, 2003, the City Council directed staff to analyze and develop
standards for sidewalk dining that would increase the opportunities for outdoor dining.
(h) There are two current restrictions that impact the establishment of new sidewalk
dining - the parking requirements that must be met and the need to obtain a Performance
Standards Permit.
(i) Excluding the Bayside District, if a restaurant expands into a sidewalk area,
parking is required for the new area. While this additional parking may only consist of one
or two new parking spaces, it is extremely difficult for existing businesses to locate this
additional parking or obtain a parking variance. Requiring that a performance standard
permit be obtained is unnecessary given the carefully crafted standards that must be met.
U) Sidewalk cafes will still need to receive any necessary approval from the City's
Environment and Public Works Management and Resource Management departments.
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U) The City Council finds and declares that the public health, safety and general
welfare requires adoption of an interim ordinance to waive the parking requirement for any
outdoor dining area of 200 square feet or less and to allow for administrative approval of
sidewalk dining in orderto provide assistance to the City's restaurants given the continuing
difficult 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.
(k) For these reasons, the City's zoning and planning regulations should be revised
as they pertain to sidewalk dining to modify the processing and parking requirements.
(I) 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
development standards as they relate to sidewalk dining.
(m) These interim standards will serve to promote sidewalk dining and assist
restaurants to survive during this difficult economic period.
(n) In light of these concerns, the City Council adopted Ordinance Number 2083
(CCS) on June 24,2003 which allowed for administrative approval of sidewalk cafes and
waived the parking requirement for sidewalk cafes of a specified size. The City Council
extended this interim ordinance on July 8,2003 through the adoption of Ordinance Number
2088 (CCS). However, this ordinance will expire on August 6,2004 unless it is extended.
(0) Since the adoption of these interim ordinances, six outdoor dining permits have
been granted. The interim measures have not led to a huge increase in outdoor dining.
establishments and have not had a noticeable effect on existing parking resources.
However, these requirements have likely enabled outdoor dining to occur in situations that
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would not have been possible without the requirements. Extension of these ordinances
up to and including August 8, 2006 will provide the City with adequate time to review
whether the interim ordinance has assisted the City in improving the pedestrian
environment and the economic vitality of the City's commercial districts.
(0) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should this interim ordinance extending the initial interim
ordinance not be adopted and sidewalk dining not be allowed consistent with these
proposed revisions. Consequently, it is necessary for this ordinance to extend the
provisions of Ordinance Number 2083 (CCS) and Ordinance Number 2088 (CCS) up to
and including August 6, 2006, establishing on an interim basis the following development
standards:
SECTION 1. Permit Required for Sidewalk Cafes.
All sidewalk cafes forwhich an administrative application was deemed complete on
or after June 10, 2003 shall conform to the provisions of this Section:
(a) Applicability. Sidewalk cafes shall be considered a permitted use in all
commercial districts and the Residential Visitor Commercial District subject to
administrative approval pursuant to Santa Monica Municipal Code Section 9.04.20.28 et
seq. A sidewalk cafe shall comply with the property development standards set forth in this
Section and the property development standards for the district in which it is to be located
as set forth in the City's Zoning Ordinance except to the extent inconsistent with this
Section.
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(b) Accessory Use. A sidewalk cafe shall be conducted as an accessory use to a
legally established restaurant or other eating and drinking establishment. The sidewalk
cafe shall be located on a contiguous adjacent parcel except in the BSC-1 portion of the
BSC District.
(c) Design Guidelines. Sidewalk cafes on the Third Street Promenade shall comply
with the adopted Third Street Promenade Outdoor Dining Standards. Sidewalk cafes on
the Transit Mall shall comply with the adopted Outdoor Dining Standards for Santa Monica
Boulevard and Broadway. Sidewalk cafes on Ocean Avenue shall comply with the
adopted Outdoor Dining Standards for Ocean Avenue.
(d) Barriers. If barriers are provided, they shall be in the manner required by the
City including any applicable design guideline.
(e) Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk
cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area. Awnings
shall be adequately secured, retractable, and shall comply with the provisions of the
Uniform Building Code adopted by the City and any applicable design guideline.
(f) Fixtures. The furnishings of the interior of the sidewalk cafe shall consist only of
movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto
the exterior front of the principal building. Fixtures shall also comply with any applicable
design guideline.
(g) Refuse Storage Area. No structure or enclosure to accommodate the storage
of trash or garbage shall be erected or placed on, adjacent to, or separate from the
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sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear of
litter at all times.
(h) Hours of Operation. The hours of operation of the sidewalk cafe shall be limited
to the hours of operation of the associated restaurant or other eating and drinking
establishment.
(i) Parking. Sidewalk cafes that do not exceed two hundred square feet in area
shall not be required to provide any additional parking. Sidewalk cafes that exceed that
amount shall comply with parking requirements established in Santa Monica Municipal
Code Section 9.04.10.08.040.
SECTION 2. This Ordinance shall apply to any administrative application for a
sidewalk cafe deemed complete after June 10, 2003.
SECTION 3. This Ordinance shall be of no further force or effect after August 6,
2006 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 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.
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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
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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Attachment B
May 20,2003 Staff Report
PCD:ADMI N :SF: F:\plan\admin\ccreport\sidewalk dining
Council Meeting: May 20, 2003
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce For First Reading an Interim Ordinance To
Waive the Parking Requirements and Allow for Administrative Approval of
Sidewalk Cafes, Consideration of an Amendment to SMMC Section
3.12.170 to Allow Placement of Portable Landscaping and Furniture
Within the Public Right of Way, and Consideration of Outdoor Display of
Merchandise and Portable Signs.
INTRODUCTION
This report recommends that the City Council generally maintain the existing standards
for establishing sidewalk dining and introduce an interim ordinance allowing
administrative approval of sidewalk dining and waiving parking requirements for
sidewalk dining areas not exceeding 200 square feet. This report also provides
information on options for allowing portable landscaping and furniture within the public
right of way and outlines standards for outdoor merchandise display and portable signs
from other jurisdictions.
BACKGROUND
The current economic downturn has been detrimental to a variety of Santa Monica
businesses. Restaurants have been especially impacted by the drop in tourist and
discretionary spending. Since restaurants playa 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
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to help restaurants succeed during these difficult economic times through measures such
as increased opportunities for outdoor dining. With the continued sluggishness of the
economy, as well as the approaching summer season when outdoor dining is most
appealing, exploring opportunities to increase outdoor dining is particularly critical.
On February 11, 2003 the City Council directed staff to analyze and develop standards for
sidewalk dining in the public right-of-way and consider regulations allowing portable
landscaping and outdoor furniture to be placed in the public right-of-way. The Council also
asked staff to provide information on standards other cities use related to outdoor display
of merchandise and portable signs.
Currently Santa Monica allows the establishment of sidewalk dining in all commercial
districts and the Residential Visitor Commercial District subject to the approval of a
Performance Standard Permit and either a licensing agreement or a Sidewalk Use Permit.
Along the Promenade, Transit Mall and Ocean Avenue, design guidelines govem the
placement and operation of outdoor dining uses. In other areas, outdoor dining is
permitted subject to the provisions of SMMC 9.04.12.120 (Attachment B) and the Sidewalk
Use Permit Standards (Attachment C). These codes require sidewalk dining to allow for
adequate pedestrian access of eight feet unobstructed access and may be reduced to no
less than four feet under certain circumstances, no alcohol is allowed to be served, and
the permit is renewable every 60 days. The fees for establishing sidewalk dining consist of
$872 for the Performance Standard Permit (PSP) and $1.07 per square foot for each 60
days, or a minimum of $107 each 60 days whichever is greater. The fees related to
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Sidewalk Use Permits, as well as the requirement for renewal of the permits every 60
days, are currently under review.
The permit and approval process in Santa Monica is consistent with most jurisdictions that
allow sidewalk dining (see Attachment D). However, one impediment to establishing
sidewalk dining outside of the Bayside District is the parking requirements. Presently, if a
restaurant expands into a sidewalk area, parking is required for the new area. Although
the required parking typically totals two to three new parking spaces, it is extremely difficult
for existing businesses to provide new off-street parking spaces or alternatively, pursue a
parking variance. The requirement to obtain a Performance Standards Permit has also
been identified as an impediment to sidewalk dining.
Presently the City does not prohibit placement of landscaping or furniture, not offered for
sale, on private property. The City does restrict placement of materials on the public
sidewalk, the placement of tables and carts on the sidewalk and soliciting trade on the
sidewalk according to SMMC 3.12.370, 3.12.375 and 6.32.070 (Attachment E). Under
existing regulations, portable landscaping and private furniture are not permitted on public
sidewalks.
DISCUSSION
Sidewalk Dining
The proposed interim ordinance would eliminate the major impediment to establishing
outdoor dining, the requirement for new parking. It would leave in place the present
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permit standards and minimum pedestrian access along the sidewalk. The waiver of
parking would apply to any outdoor area 200 square feet or less. This figure assumes a
50-foot wide area four feet in depth.
The interim ordinance would also allow for administrative approval of sidewalk dining.
As obtaining a Performance Standards Permit creates uncertainty in the approval
process, the permit requirement may deter restaurants, especially independent
restaurants, from adding sidewalk dining. Allowing administrative approval of sidewalk
dining, subject ~o Project Design and Development Standards that reflect the current
Performance Standards Permit criteria, may be more conducive to the establishment of
sidewalk dining. Sidewalk Use Permits or License Agreements would continue to be
required. Questions have also been raised regarding the $872 application fee
associated with obtaining a Performance Standards Permit. The application fee
recovers the staff costs associated with reviewing the application and project plans and
preparing a zoning determination. In order to reduce the fees, the City would need to
subsidize processing of sidewalk dining permits. Given the state of the City budget,
such subsidy in not recommended.
Portable Landscaping and Furniture
Presently the placement of landscaping and furniture that is not offered for sale is
permitted outdoors on private property. Should the Council want to authorize placement
of these items within the public right of way, Section 3.12.370 would need to be
amended.
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Staff has concerns about allowing these items in the public right of way for several
reasons. First, placement of any feature in the right of way becomes an enforcement
burden because inevitably the features migrate from the approved location and
eventually impede pedestrian access. Enforcement resources are limited and given
economic realities, enforcement at this level will not possible on any regular basis.
Second, there are no design standards for furniture so plastic chairs to antique sofas
could exist on the sidewalk. Another concern relates to the irrigation runoff damaging
the sidewalk or creating a slipping hazard and, as landscaping grows, it will encroach
further into the sidewalk creating a hazard for pedestrians walking on the sidewalk. A
common complaint is about landscaping encroaching into the sidewalk, thereby making
it difficult for two people to walk side by side. Staff does not recommend placement of
portable landscaping and furniture on the public sidewalk. However, should the Council
wish to permit such items, staff suggests the placement of such features be permitted
subject to the approval of a Sidewalk Use Permit. Placement of the features would
have to maintain the four to eight foot clearances, the permit would have a duration of
60 days, revocable by the Director of Environmental and Public Works Management,
and fees would be the same as other sidewalk permit fees. This permit would enable
verification of the minimum access requirements and the ability to revoke a permit if
there are violations or unsafe conditions.
Outdoor Display of Merchandise and Portable Signs
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Staff examined the standards related to outdoor display of merchandise and portable
signs for thirteen jurisdictions. The results are contained in Attachment C. Fifteen cities
were examined, of which seven cities allowed outdoor display of merchandise on
sidewalks typically in the downtown or special commercial area subject to the review
and approval of either a planning permit or encroachment permit or in some cases, both
types of permits. Of the three Westside cities, West Hollywood and Beverly Hills
prohibit outdoor displays of merchandise and Culver City permits displays in the
Downtown and East Washington District. Of the fifteen jurisdictions, only three permit
portable signs within the right of way. All three of the Westside cities prohibit portable
signs on sidewalks.
BUDGET/FINANCIAL IMPACT
The recommendations in this report do not have any budget or financial impact.
RECOMMENDATION
Staff recommends that the Council retain the existing standards for outdoor dining and
portable landscaping and furniture within the public right-of-way and introduce for first
reading an interim ordinance waiving the parking requirements for sidewalk cafes 200
square feet or less and providing for administrative approval of sidewalk dining.
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
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