SR-400-005-04 (13)
PCD:SF:AA:f:\plan\admin\downtown task force\code changes\cc report. doc
City Council Meeting: June 8,2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Promenade Uses Task Force Legislative Amendments
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance
amending Municipal Code Section 9.04.08.15.080 to eliminate the numerical cap on
restaurants in the Bayside District and expand the types of alcohol sales subject to a
conditional use permit, amending Section 9.04.10.18.050 to provide for a Conditional
Use Permit exemption for alcohol-serving restaurants in the Bayside District, amending
Sections 9.04.08.15.020 and 9.04.08.15.040 and adding Section 9.04.13.060 to limit the
Promenade frontage of any new or expanding retail use to fifty linear feet unless a use
permit is obtained, and amending Sections 6.36.030 and 6.36.090 and eliminating
Section 6.36.070 to expand the vending cart program subject to a license agreement;
and adopt a resolution amending Bayside District Specific Plan Policy 4.1.9 to eliminate
the numerical cap on restaurants in the Bayside District, amending Policy 4.1.28 to
allow for expanded outdoor dining areas on the Promenade, and adding Signage
Standard 13.5.11 to allow for signage for upper-level restaurants. The proposed
legislative changes are part of a series of programming, management, capital and
legislative recommendations developed by the Promenade Uses Task Force to facilitate
the continued vitality and diversity of the uses on the Third Street Promenade and in the
Bayside District.
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BACKGROUND
Maintaining the proper balance of uses on the Third Street Promenade is an important
community goal. The original Third Street Mall was primarily a pedestrian retail mall
whose failure to attract residents and visitors threatened the viability of the downtown
area. In response, the City embarked upon an extensive planning and community
participation process culminating in the adoption of the Third Street Mall Specific Plan,
now called the Bayside District Specific Plan. The Specific Plan was adopted by
Council in January 1996 and establishes policies to preserve a unique mixture of uses,
a key element to the success of the Promenade. Over the years, Council has
maintained the balance of uses by enacting zoning regulations that foster an
appropriate mix of restaurant, retail and entertainment uses.
Information presented to Council in November 2001 showed that the mix of uses is at
risk. Five restaurants had been lost in the previous two years, with four more near or at
the end of their leases. As restaurants have left the Promenade, retail uses have
grown. The growth of retail has already exceeded the ten-year projection contained in
the Bayside District Specific Plan. Concern has been expressed that the Promenade is
becoming less unique and more like a typical shopping mall. If allowed to continue, this
trend will threaten the unique character and economic and social welfare of the
downtown area.
In response, on November 27, 2001, the City Council adopted an interim ordinance
regulating the concentration of ground floor retail uses on the Promenade by limiting the
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total, linear footage and square footage of retail on each block. The Council also
established a Promenade Uses Task Force to study the relevant issues, seek feedback
and input from the community, and make recommendations to the City Council
regarding the appropriate mix of uses on the Promenade. The Task Force included
three Council members, one Planning Commissioner, two Bayside District Corporation
(BDC) board members, and one Third Street property owner. The interim ordinance
was extended twice in order to enable the Task Force to conduct its work and extended
again while the Task Force recommendations are implemented. The interim ordinance
is set to expire in September 2005.
PROMENADE USES TASK FORCE
The Promenade Uses Task Force began meeting in May 2002 and met regularly
through March 2003. The Task Force began its meetings by discussing goals, issues
and opportunities related to the vitality of the Promenade. The Task Force also
reviewed existing regulatory documents and improvement plans for the area, including
the General Plan, Bayside District Specific Plan, and Downtown Parking Strategy. Early
in the Task Force process, it became apparent that outside expertise would be needed
to assist the Task Force in its efforts. Project for Public Spaces (PPS), a non-profit
organization that is nationally recognized for helping communities enhance their public
spaces, was engaged to provide technical assistance in support of the Task Force's
efforts.
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PPS commenced its efforts with the Task Force by focusing on the elements that make
great public spaces, including examples of a variety of successful public spaces from
around the world. Under PPS' guidance, the Task Force also participated in the "Place
Evaluation Game", where participants go to a public space, make critical observations
of the place with respect to a variety of criteria (comfort and image, access and
linkages, uses and activities, etc.), and make recommendations for short-term and long-
term improvements.
To help create an analytical framework for the Task Force's deliberations, PPS
conducted user intercept surveys, time-lapse filming, and activity mapping of pedestrian
patterns on the Promenade and in the Bayside District. Some of the key findings of this
analysis included:
· Unique shops and restaurants tend to be a greater draw to passersby than do
formula retail establishments;
· The quality and creativity of individual storefronts has an even greater influence
on pedestrian appeal, irrespective of chain affiliation; and
· Outdoor dining that is located on the sidewalk immediately next to a restaurant
tends to disrupt the pedestrian flow along the sidewalk and discourage
pedestrians from approaching the adjacent storefronts.
The Task Force also participated in presentations and discussions with Larry Lund, a
retail expert, regarding current trends in national and local retailing. A national trend
that is particularly relevant to the Promenade is the consolidation of retailing by a small
group of large retailers. This trend has impacted the Promenade, as well as most cities
throughout the nation, over the past few years and is not expected to abate within the
foreseeable future. The Task Force explored whether there is a formula regarding an
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appropriate mix of retail, restaurant and entertainment uses for successful urban
environments. Mr. Lund's research shows a wide variety in the mix among successful
areas, ranging from restaurant-heavy areas to areas that are virtually devoid of
restaurants in the prime area, though restaurants can usually be found on nearby side
streets.
On November 17, 2002, the Task Force hosted a public workshop attended by
interested members of the community, including residents, restaurateurs, retailers, and
property owners. The workshop included a presentation by PPS of ideas and
opportunities for enhancing the mix and vibrancy of the Promenade and Bayside
District, followed by attendees' participation in the Place Evaluation Game. Some of
issues, findings and recommendations identified by PPS, the Task Force and the
workshop participants included:
· The use and activity issues on the Promenade cannot be studied and improved in
isolation, as the Promenade and adjacent streets have a symbiotic relationship and
present opportunities to create a whole that is greater than the sum of its parts.
Certain places within the District, including Second and Fourth Streets and the
alleys, are in need of the same level of attention that has been directed toward the
Promenade and Transit Mall streets.
· While the high rents for Promenade storefronts are out of reach for most restaurants,
establishing outdoor cafes in the center of the Promenade and at the outside edges
of the sidewalks could maintain the food opportunities and environmental amenities
associated with restaurants. Cafes could be associated with restaurants and
kitchens that are located in more affordable locations. Restaurants might also be
created on second floors with dining terraces overlooking the Promenade.
· In addition to retail and restaurants, entertainment is a key element of the
Promenade's success and acts as a draw to help support other uses. The existing
movie theaters are outdated and likely will become less competitive in the near
future unless they can provide appropriate amenities such as stadium seating. The
current theater sites are generally too small to provide for these modern amenities.
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However, encouraging new theater development along Second and Fourth Streets
could expand the vitality of the District while maintaining this critical element in the
mix of uses.
· More flexibility in the design elements on the Promenade (seating, planters, fixed
kiosks, etc.) is needed to allow for outdoor dining and a greater variety of activities.
· Street vendors of a more local nature could make the area more unique and help
support Santa Monica-based micro-enterprises.
· Appropriate resources for event programming, public space management and local
business recruitment is needed to support the enhancement and expansion of the
vitality of the Bayside District.
In the months following the workshop, the Task Force held additional meetings with
PPS and Larry Lund and concluded their meetings in March with a series of
recommendations.
CITY COUNCIL ACTION
On June 10, 2003, the City Council reviewed the recommendations of the Promenade
Uses Task Force, indicated their general concur-rence with the Task Force
recommendations and directed staff to return with a work program for implementation of
the Task Force recommendations.
On September 9, 2003, Council discussed the work plan related to the Promenade
Uses Task Force recommendations and identified priorities for implementation of Task
Force and Bayside District Board recommendations. At that meeting, Council also
adopted Resolutions of Intention directing the Planning Commission to review and make
recommendations on the Zoning Ordinance and Specific Plan changes associated with
the recommendations.
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RECOMMENDED LEGISLATIVE CHANGES
The legislative changes recommended by the Task Force are discussed below.
LEVELING THE PLAYING FIELD
The Task Force discussions and expert input pointed to the fact that most restaurants
are unable to pay the rents that Promenade-fronting space currently commands. The
Task Force also noted that the City's regulatory mechanisms are weighted against
restaurants, and are especially adverse to independent operators, thereby creating
additional barriers to new restaurants. The following recommendations were meant to
address this inequity.
Restaurant Cap
In response to concerns regarding an overabundance of establishments serving food
and drink on the Promenade, in the early 1990s the City adopted caps on the total
number of restaurants and alcohol-serving establishments permitted within each block
of the Promenade and within the Bayside District as a whole. Due to the drop in the
number of restaurants since that time, the caps are not in danger of being approached.
As of February 2003, there were 59 food uses existing within the District, while the caps
permit 76 total food uses. Similarly, 52 food uses are permitted within the three blocks
of the Promenade, while 31 food uses existed as of February.
Although the restaurant caps are not currently being approached, the existence of the
regulatory mechanism requires any new restaurant that opens within the Bayside
District to secure a permit from the City, including review of where the new restaurant
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stands relative to the cap. While this permit does not require a public hearing, it does
involve an additional step in the process that competes for limited staff resources within
the Planning Division. Without the cap, restaurants without alcohol service could open
with as little as a business license. The following zoning ordinance and specific plan
amendments would remove the restaurant caps and block-by-block alcohol caps, while
retaining the overall alcohol cap for the district:
SMMC Section 9.04.08.15.080 Limitations on food uses and alcohol
outlets.
(a) The number of alcohol and f-ood serving establishments in the
BSC District shall be limited. For purposes of this Section, a food serving
establishment shall include any restaurant, including, without limitation,
any drive through or drive in restaurant, fast food or take out restaurant,
or side~....alk cafe, and any use which includes incidontal food service. The
number of food serving establishments and on-sale alcohol outlets in the
BSC District shall not exceed the limitations below. For purposes of this
Section, fast-food food courts shall be counted as one food serving
establishment and one alcohol outlet, even though individual tenants
within a fast-food food court may be required to obtain separate
conditional use permits in order to obtain an on-sale alcohol license. The
total number of food serving establishments and alcohol outlets in the
BSe District shall be limited to seventy six food serving establishments,
fifty alcohol-servina establishments of which may have a with Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) alcohollicense~.
No alcohol outlets which are not also food serving establishments shall be
allowed. Additionally, the number of food serving establishments and
alcohol outlets on Block 4, Block 5 and Block 6 shall be limited as follows:
Block 4: Food Serving Establishments: Eighteen, ten of '.-/hich may have
a Type 41 (On Sale Beer and '.^.'~ne) or Type 47 (On Sale General)
Alcohol License, and one of '#hich may be a fast food food court, provided
the fast food food court is located in the northern half of the block. Type 48
(On Sale General for Public Premise) Alcohol License: None. Other On
Sale Alcohol License Types: None.
Block 5: Food Serving Establishments: Sixteen, ten of 'Nhich may have
a Type 41 (On Sale Beer and 'Nine) or Type 47 (On Sale General)
Alcohol License, and one of 'Nhich may be a fast food food court. Type
48 (On Salo General for Public Premise) Alcohol License: None. Other
On Sale Alcohol License Types: None. ,
Block 6: Food Serving Establishments: Eighteen, eleven of which may
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ha':e a Type 41 (On Sale Beer and \^Jine) or Type 47 (On Sale General)
Alcohol License, and one of 'JJhich may be a fast food food court. Type 48
(On Sale General for Public Premise) Alcohol License: None. Other On
Sale Alcohol License Types: None.
Bayside District Specific Plan Policy 4.1.9:
The number of on-sale alcohol outlets and food serving establishments in
the Bayside District shall be limited on a block by block basis in order to
provide for a mix of activities including retail and entertainment, and to
prevent an over concentration of food serving and alcohol outlets.
In order to prevent a future over-concentration of restaurants, the Task Force also
recommended that the Bayside District monitor restaurant growth in the Bayside District
and inform the City if a proliferation of restaurants appears to be underway. Adoption of
the proposed Specific Plan amendment would not reduce the City's flexibility to impose
restaurant limits within the Zoning Ordinance in the future.
Review of Alcohol-Serving Restaurants
Under the City's existing regulations, new restaurants with alcohol service are required
to obtain a Conditional Use Permit, in addition to securing Alcohol and Beverage
Control (ABC) approval from the State. The Task Force felt that the CUP requirement,
which involves a public hearing before the Planning Commission (appealable to the City
Councjl), can be an expensive, lengthy and uncertain process that creates a barrier for
restaurateurs, particularly independent restaurateurs who may not have the resources
both to finance a prolonged approval process and pay the Promenade's elevated rents.
Recognizing that the alcohol conditions that have historically been applied by the
Planning Commission are largely standard conditions, applicable to all alcohol-serving
restaurants, the Task Force recommended that restaurants with alcohol service require
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administrative approval only, subject to uniform standards that reflect the conditions that
have historically been applied by the Planning Commission.
If a proposed restaurant or restaurant expansion were unable to meet the pre-defined
standards, a CUP and hearing before the Planning Commission would be required. The
Task Force recommended that the regulatory cap on the number of alcohol-serving
restaurants remain in place. The following zoning ordinance amendment would
implement the proposed change:
SMMC Section 9.04.10.18.050 BSC-1 Exemptions
Restaurants or "bona fide" public eatina places in the BSC-1 portion of
the BSC District which ofter alcoholic beveraaes includina beer or wine
incidental to meal service shall be exempt from the provisions of this part
9.04.10.18 on Iv if the applicant aarees in writina to complv with the
followina criteria and conditions:
(a) The primary use of the premises shall be for sit-down meal service
to patrons. Alcohol shall not be served to persons except those intendino
to purchase meals.
(b) If a counter service area is provided. a patron shall not be permitted
to sit at the counter unless the patron is orderina a meal in the same
manner as patrons orderina meals at the table seatina. The seats located
around the counter service area cannot be used as a waitina area where
patrons may drink before beina seated or as a bar where beveraaes onlv
are served.
(c) Window or other sianaoe visible from the public riaht-of-wav that
advertises beer or alcohol shall not be permitted.
(d) Customers shall be permitted to order meals at all times and at all
locations where alcohol is beina served. The establishment shall serve
food to patrons durina all hours the establishment is open for customers.
(e) The establishment shall maintain a kitchen or food-servina area in
which a variety of food is prepared on the premises.
(f) Take out service shall be on Iv incidental to the primary sit-down
use.
(g) No alcoholic beveraae shall be sold for consumption beyond the
premises.
(h) Except for special events. alcohol shall not be served in any
disposable containers such as disposable plastic or paper cups.
(i) No video or other amusement aames shall be permitted on the
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premises.
m No dancino is permitted. live entertainment may only be permitted
in the manner set forth in the "Restaurant" definition contained in Section
9.04.02.030.730.
(k) Any minimum purchase requirement may be satisfied by the
purchase of beveraoes or food.
(I) The primary use of any outdoor dinino area shall be for seated
meal service. Patrons who are standino in the outdoor seatino area shall
not be served.
(m) The operation shall at all times be conducted in a manner not
detrimental to surroundino properties by reason of liohts. noise, activities
or other actions. The operator shall control noisy patrons leavino the
restaurant.
(n) The permitted hours of alcoholic beveraoe service shall be
9:00 a.m. to 12:00 midnioht Sunday throuoh Thursday. and 9:00 a.m. to
1 :00 a.m. Friday and Saturday with complete closure and all employees
vacated from the buildino by 1:00 a.m. Sunday throuoh Thursday. and
2:00 a.m. Friday and Saturday. All alcoholic beveraoes must be removed
from the outdoor dinina area no later than 12:00 midniaht. No after hours
operation is permitted.
(0) No more than 35 percent of total aross revenues per year shall be
from alcohol sales. The operator shall maintain records of oross revenue
sources which shall be submitted annually to the City of Santa Monica
Plannino Division at the beainnina of the calendar year and also available
to the City of Santa Monica and the California Department of State
Alcoholic Beveraae Control (ABC) upon request.
(p) Prior to occupancy. a security plan shall be submitted to the Chief
of Police for review and approval. The plan shall address both physical
and operational security issues.
(q) Prior to occupancy. the operator shall submit a plan for approval by
the Director of Plannino reoardina employee alcohol awareness trainina
proarams and policies. The plan shall outline a mandatory alcohol-
awareness trainino proaram for all employees havino contact with the
public and shall state manaoement's policies addressino alcohol
consumption and inebriation. The prooram shall require all employees
havino contact with the public to complete an ABC-sponsored alcohol-
awareness trainina prooram within 90 days of the effective date of the
exemption determination. In the case of new employees. the employee
shall attend the alcohol awareness trainina within 90 days of hirino. In the
event the ABC no lonoer sponsors an alcohol awareness trainina
prooram. all employees havino contact with the public shall complete an
alternative prooram approved by the Director of Plannina. The operator
shall provide the City with an annual report reaardina compliance with this
requirement. The operator shall be subject to any future citywide alcohol-
awareness trainina proaram affectina similar establishments.
(r) Within thirty (30) days from the date of approval of this exemption.
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the applicant shall provide a COpy of the sioned exemption to the local
office of the State ABC.
(s) Prior to occupancy. the operator shall submit a plan describino the
establishment's desionated driver prooram. which shall be offered by the
operator to the establishment's patrons. The plan shall specify how the
operator will inform patrons of the proaram. such as offerino on the menu
a free non-alcoholic drink for every party of two or more orderino alcoholic
beveraoes.
This exemption shall only be valid if approved in writino by the Zonino
Administrator.
The proposed requirements reflect the standard alcohol outlet conditions associated
with CUPs approved by the Planning Commission over the past three years.
Council also discussed whether the streamlined approval process should apply to any
restaurant with alcohol service or only to restaurants serving beer and wine. Under the
latter scenario, restaurants proposing to serve a broader array of alcoholic beverages
would be required to obtain a CUP. Because the Planning Commission's alcohol
conditions have historically been applied to both types of restaurants and have proven
effective in ensuring that bona fide restaurants do not become de facto bars, staff
recommends that the proposed standards and review process apply to both types of
restaurants on the Promenade. In addition, as the Task Force promoted a variety of
restaurants on the Promenade, including "special occasion" restaurants that are more
likely to offer a full bar with specialty beverages, a streamlined review process for all
restaurants is more likely to encourage the desired restaurant variety.
Staffs primary concern with the proposed regulatory process is that it would apply to
only one street within the downtown, which creates additional complexity in the Zoning
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Ordinance and the potential for confusion among applicants and staff. If the new
regulations prove successful, Council may wish to consider expanding the proposed
regulatory process to other parts of the Bayside District or to other commercial areas.
RESTAURANT INCENTIVES
Recognizing that indoor and outdoor dining plays an important role in the mix of uses on
the Promenade and that the loss of this critical element could have long-term
implications for the character and vitality of the Promenade, the Task Force also
considered incentives to encourage the establishment and retention of restaurants on
the Promenade.
Expand Opportunities for Outdoor Dining
The Task Force recognized that outdoor dining is critical to the Promenade's ambiance
and that more opportunities to support sidewalk cafes are essential. The Task Force
reviewed examples from other US and world cities where al fresco dining occurs in the
center of pedestrian streets and on the curbside of sidewalks. PPS also presented
time-lapse video showing that restaurant-contiguous outdoor dining areas tend to
disrupt the pedestrian rhythm along the Promenade, thereby discouraging pedestrians
from approaching the storefronts adjacent to these dining areas. In addition, the Task
Force expected that the availability of additional outdoor dining areas could make the
overall rental costs per seat more approachable for restaurants. In order to reduce
regulatory barriers to outdoor dining, the Task Force recommended that such dining be
administratively approved, subject to consistency with established guidelines. In May,
2003 the City Council adopted an interim ordinance providing for administrative
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approval of outdoor dining on a Citywide basis.
The Task Force also recommended that outdoor dining opportunities be expanded to
encompass non-contiguous areas, including the outside edges of sidewalks and the
three center courts of the Promenade. Alleys were also identified as a potential dining
area, which is discussed later in this report.
Enabling outdoor dining to occur within these areas would require a discrete
amendment to the Bayside District Specific Plan, which currently permits outdoor dining
within only the first 12 feet of any storefront. In order to ensure fire and emergency
service access, any dining between the curb edges of the Promenade would need to
occur within the "court" areas ("center court" and adjacent to the dinosaurs on the north
and south blocks) to maintain roadway access. In addition, the extending interim
ordinance related to outdoor dining which appears on tonight's Council agenda includes
consistent language related to non-contiguous dining on the Promenade.
The City Attorney has advised that allowing central portions of the Promenade to be
used as private dining space would pose various legal risks. Dining areas not
contiguous to storefronts would create obstructions and choke points during times when
the Promenade is crowded. This would impact the flow of traffic and could also impact
emergency ingress and egress. Because preserving the free flow of traffic and
emergency ingress and egress is the basis for regulating street performance and other
First Amendment activities, dedicating a center portion of the public street to private
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uses could jeopardize those regulatory schemes. Apart from the viability of these
regulatory systems, there are legal risks attendant upon attempting to close or restrict a
public forum to further private interests.
The following discrete amendment of the Bayside District Specific Plan would be
necessary to allow for the expanded outdoor dining areas:
Bayside District Specific Plan Policy 4.1.28:
Allow encroachments of up to 12 feet into the Promenade from the
abutting property frontage to accommodate outdoor dining. Uses located
in the Promenade encroachment zone shall be in accordance with the
approved Third Street Promenade Outdoor Dining Standards subject to an
outdoor dinina license aareement. encroachment permit. The complete
outdoor dining guidelines are contained in Appendix A
If the Specific Plan amendment is adopted, staff will return to Council with amendments
to the Third Street Promenade Outdoor Dining Standards to reflect the expanded
outdoor dining areas and to maintain adequate areas for pedestrian circulation and
street performers.
Flexibility in Signage Standards for Upper-Level Restaurants
In order to encourage second-story restaurants overlooking the Promenade, the Task
Force recommended more flexibility on signage above the second floor, which is
currently prohibited more than 30 inches above the second story floor line. While the
municipal code allows the Architectural Review Board to grant adjustments to these
requirements, the Task Force and the Council felt that affirmative language would
appropriately convey their intentions in this matter. The Planning Commission
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recommended that the signage allowances apply to any upper-level restaurant, not only
those on the second story. As the Signage Standards of the Bayside District Specific
Plan expressly modify the sign prohibitions in the Sign Ordinance, the following Specific
Plan amendment would implement this recommendation:
Bayside District Specific Plan, 13.5 SIGNAGE STANDARDS:
11. For buildinas with Third Street Promenade frontaae, restaurant
identification sianaae may be mounted on a buildina UP to thirty inches
above the floor line of the floor above the restaurant.
OTHER LEGISLATIVE AMENDMENTS
Promenade Frontage Limitations
An important Task Force concern relates to retail uses whose frontages are too large for
the Promenade and thereby adversely alter the visual character and reduce the
opportunity for a wide variety of storefronts along the street. As a result, the Task Force
recommended that the Promenade frontage of any new or expanding retail use be
limited to 50 linear feet, with a process to permit larger frontages under certain
circumstances if a use permit is obtained. The Council adopted an interim ordinance
providing for a 50-foot limitation on Promenade frontages unless a use permit is
obtained.
The following Zoning Ordinance amendment would codify these
requirements:
Section 9.04.08.15.020 Permitted uses.
(1) The following uses shall be permitted in the BSC-1 portion of the
BSC District, provided that any such use shall obtain a Use Permit
pursuant to Section 9.04.08.15.035 if its Third Street Promenade first-floor
frontaae exceeds fifty (50) feet. All uses shall be conducted within an
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enclosed building, except where otherwise specified:
(a) Art galleries.
(b) Artist studios above the first floor and at the rear seventy-five feet
of a parcel.
(c) Bakeries.
(d) Barber or beauty shops.
(e) Business colleges.
(f) Child day care centers.
(g) Cleaners.
(h) Congregate housing.
(i) Cultural facilities.
U) Dance studios.
(k) Domestic violence shelters.
(I) Exercise facilities.
(m) General offices above the first floor and in the rear seventy-five
feet of a parcel.
(n) General retail.
(0) Homeless shelters with less than fifty-five beds.
(p) Medical, dental and optometrist clinics and laboratories above the
first floor and in the rear seventy-five feet of a parcel.
(q) Multi-family dwelling units.
(r) Museums.
(s) Outdoor newsstands.
(t) Pawnbrokers.
(u) Photocopy shops.
(v) Places of worship.
(w) Restaurants, subject to the limitations contained in Section
9.04.08.15.080.
(x) Senior group housing.
(y) Senior housing.
(z) Sidewalk cafes, subject to the provisions of the Outdoor Dining
Standards for the Third Street Promenade, approved by resolution of the
City Council, and subject to the limitations contained in Section
9.04.08.15.080.
(aa) Single-room occupancy housing.
(bb) Tailors.
(cc) Trade schools.
(dd) Transitional housing.
(ee) Accessory uses which are determined by the Zoning
Administrator to be necessary and customarily associated with and
appropriate, incidental, and subordinate to, the principal permitted uses
and which are consistent and not more disturbing or disruptive than
permitted uses.
(ff) Other uses determined by the Zoning Administrator to be similar to
those listed above and which are consistent and not more disturbing or
disruptive than permitted uses.
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Section 9.04.08.15.040 Conditionally permitted uses.
(1) The following uses may be permitted in the BSC-1 portion of the BSC
District subject to the approval of a conditional use permit. Additionally. any use
for which the Third Street Promenade first-floor frontaae exceeds fifty (50) feet
shall obtain a Use Permit pursuant to Section 9.04.08.15.035:
(a) Bars, subject to the limitations contained in Section 9.04.08.15.080;
(b) Billiard parlors;
(b) Bowling alleys;
(d) Cinemas;
(e) Clubs and lodges;
(f) Convention and conference facilities;
(g) Fast-food food courts, subject to the limitations contained in Section
9.04.08.15.080;
(h) Homeless shelters with fifty-five beds or more;
(i) Hotels and motels;
U) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080;
(k) Open-air farmers markets;
(I) Skating rinks;
(m) Theaters.
Section 9.04.13.060 First-floor uses with a Third Street Promenade
frontaae exceedina fifty (50) feet
The purpose of this Section is to ensure a wide variety of
storefronts on the Third Street Promenade. A new or expanded use on
the Third Street Promenade may have a first-floor frontaae that exceeds
fifty (50) feet if a use permit is obtained pursuant to Santa Monica
Municipal Code Section 9.04.20.11.010 et sec. and one of the followina
additional findinas of fact is made:
(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 frontaae of 50 feet or
less.
(2) The proposed use adds to the diversity of the district by
providina aoods or services that are not otherwise available in the Bayside
District and the use cannot be accommodated within a Third Street
Promenade frontaae 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
frontaae of 50 feet or less.
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Additional Types of Alcohol Permits
Although not originally considered by the Task Force, Council directed staff to prepare a
text amendment to expand the types of permitted alcohol sales in the Bayside District to
allow for uses such as alcohol sales incidental to live theater and alcohol sales by
specialty retailers. Currently, the alcohol caps in the Bayside District only allow alcohol
sales associated with restaurants. The proposed changes would allow for other types
of alcohol sales associated with permitted uses. A conditional use permit would
continue to be required for these types of alcohol sales, which would count toward the
total number of permitted alcohol-related uses in the District.
Section 9.04.08.15.080 Limitations on food uses and alcohol outlets.
(a) The number of alcohol and food serving establishments in the
BSC District shall be limited. For purposes of this Section, a food serving
establishment shall include any restaurant, including, without limitation,
any drive-through or drive-in restaurant, fast-food or take-out restaurant,
or sidewalk cafe, and any use which includes incidental food service. The
number of food serving establishments and on sale alcohol outlets in the
BSC District shall not exceed the limitations below. For purposes of this
Section, fast-food food courts shall be counted as one food serving
establishment and one alcohol outlet, even though individual tenants
within a fast-food food court may be required to obtain separate
conditional use permits in order to obtain an on-sale alcohol license. The
total number of food serving establishments and alcohol outlets in the
BSC District shall be limited to seventy-six food serving establishments,.:.
The total number of alcohol-servina establishments in the BSC District
shall be limited to fifty of which may have a Type 41 (On Sale Beer and
'N1nell. or Type 47 (On Sale General) alcohol license. No alcohol outlets
which are not also food serving establishments shall be allov.red.
Additionally, the number of food serving establishments and alcohol
outlets on Block 4, Block 5 and Block 6 shall be limited as follows:
Block 4: Food Serving Establishments: Eighteen, ten of which may have
a Type 41 (On Sale Beer and '-'Vine) or Type ....7 (On Sale General)
/\Icohol license, and one of .."/hiGh may be a fast food food court, pro'Iided
the fast food food court is located in the northern half of the block. Type 48
(On Sale General for Public Premise).:. Alcohol License~: Ten NeAe. GtAef
On Sale Alcohol License Types: None.
Block 5: Food Serving Establishments: Sixteen, ten of \"/hich may have
19
a Type 41 (On Sale Beer and Wine) or Type 47 (On Sale General)
Alcohol License, and one of ',/hich may be a fast food food court. Type
48 (On Sale General for Public Premise).:. Alcohol License~: Ten None.
Other On Sale Alcohol License Types: None.
Block 6: Food Serving Establishments: Eighteen, ele',:en of which may
have a Type 41 (On Sale Beer and \^Jine) or Type 47 (On Sale General)
Alcohol License, and one of which may be a fast food food court. Type ....8
(On Sale General for Public Premise).:. Alcohol License~: Eleven None.
Other On Sale Alcohol License Types: None.
Sayside District Specific Plan Policy 4.1.9:
The number of on sale alcohol outlets and food serving establishments in
the Sayside District shall be limited on a block by block basis in order to
provide for a mix of activities including retail and entertainment, and to
prevent an over concentration of food serving and alcohol outlets.
Vending Carts
In order to enhance the pedestrian environment and broaden the variety of food and
services available in the Bayside District, the Task Force recommended that the
vending cart program be expanded to appropriate sites on the Transit Mall and that the
vending options on the Promenade be expanded to include incidental food, goods and
services. The Task Force also recommended that the leasing and management of
vending carts in the downtown (Promenade, Transit Mall and other downtown sites) be
consolidated and simplified to provide for a stronger overall vending cart strategy.
The Bayside District Leasing Guidelines, most recently approved by Council in
June 2003, provide priorities for a broadened array of incidental food, goods and
services in vending cart offerings. The guidelines also anticipate expansion of the
vending cart program to include appropriate sites along the Transit Mall and elsewhere
in the downtown, subject to a City license agreement. The following municipal code
20
modifications would expand the opportunities for vending carts and consolidate the
administration of vending cart leases.
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's market;
(b) Any approved participant in any cultural arts and crafts show
(pursuant to Chapter 6.44);
(c) Any vendor operating pursuant to or under the authority of an
approved license agreement on the Pier;
(d) Any 'Jendor operating pursuant to or under the authority of an
approved license agreement on the pedestrian mall established pursuant
to Section 3.36.150 of this Code;
(e) Any approved participant in any special event authorized by the
City;
(f) Any individual vending newspapers, leaflets, pamphlets, bumper
stickers or buttons;
(g) Any individual or organization that vends the following items which
have been created, written, composed or otherwise produced by the
vendor: books, cassette tapes, compact discs, paintings, photographs or
any other item that is inherently communicative and has nominal utility
apart from its communication.
Section 6.36.070 Special permit procedures for downto'..-:n 'fending.
Notwithstanding any other provision of this Chapter, an application for a
vendor permit f{)r one of the locations set forth in Section 6.36.090(a) shall
be issued in accordance with the following procedures:
(a) '.^lithin thirty days of the effecti'/e date of this Chapter, the City
shall publish a notice that applications may be filed for 'y'endor permits at
the locations described in Section 6.36.090(a). The notice will provide that
the vendor applications shall be due 'Nithin thirty days of the date of the
publication. Commencing on February 1, 1992, and ev~ry two years
thereafter, the City shall publish notice that applications may be filed for
vendor permits within thirty days of the date of the publication.
(b) The first vendor permits issued pursuant to this Section shall
expire on June 30, 1992, unless earlier revoked pursuant to this Chapter.
Subsequent permits shall be valid for a period of two years commencing
on July 1 st.
(c) The application shall indicate which one of the six locations set
forth in Section 6.36.0QO(a) the application is being filed for by the
applicant. No person shall file an application for more than one location.
(d) In order to file an application for the locations set forth in Section
6.36.090(a)(2) and Section 6.36.090(a)(5), the applicant shall present
proof that the applicant is disabled within the meaning of any Federal or
21
State law.
(e) In connection with each location for which 3n application has been
filed, the City Clerk shall, ~....ithin ten days of the close of the application
period, place cards bearing the name of each applicant in a container,
randomly draw the cards from the container, and create a list starting with
the first applicant \"hose name is drs'.Wl and follO'.ved by the name of each
applicant subsequently dra\W1. The applicant 'Nho is first on the list and
meets the other standards for issuance of a vendor permit set forth in this
Chapter sholl be issued a vendor permit for the location for which the
application has been filed.
(f) If any vendor permit is revoked, a vendor permit shall be issued for
the remaining term of the permit to the next applicant on the list who
meets the other standards for issuance of a '.~ndor permit set forth in this
Chapter.
(g) No application shall be accepted for any location set forth in
Section 6.36.090(a) except during the time periods set forth in subsection
(a) of this Section. Hm'.~ver, if there are no applicants for a location, or no
persons remaining on the list selected pursuant to subsection (e), a
vendor permit shall be issued to the first person who applies for a permit
for the location and meets the standards for issuance of a vendor permit
set forth in this Chapter. H~:.~ver, in no event shall a permit be issued to
any person \vho has already be on issued a vendor permit for another
location pursuant to this Section.
(h) The holder of a vendor permit whose permit is not renewed
because the holder is not selected in accordance with the procedures set
forth in this Chapter shall not be entitled to a hearing in accordance with
Section 6.36.060 or any other provision of this Code.
(i) The applicant for a '.'endor permit whose application is denied
because the applicant is not selected in accordance with the procedures
set forth in this Chapter shall not be entitled to a hearing in accordance
with Section 6.36.060 or any other provision of this Code.
U) A vendor permit issued pursuant to this Section shall be re'.'oked if
the holder of the permit does not vend for at least ten days in any month.
(Prior code ~ 6287; added by Ord. No. 1495CCS, adopted 9/26189)
Section 6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this Chapter shall vend in
any location in the City except the foll~J.'ing areas:
(a) Six fixed locations for which no more than one \~ndor permit shall
be issued for each location:
(1) The public sidewalk at the northwest corner of Fifth Street at
Arizona Avenue.
(2) The public sidev.'alk at the northeast corner of Sixth Street at
Santa Monica Boule'.'ard.
(3) The public side\valk at the northwest corner of Fourth Street at
Arizona Avenue.
22
(4) The public sidewalk at the northeast corner of Fourth Street at
Arizona I~Nenue.
(5) The public sidewalk at the northwest corner of Fourth Street at
Santa Monica Boulevard.
(6) The public side'/lalk at the northv.~st corner of Fourth Street at
Broadway.
(b) I in connection with vending from vehicles, such as catering or ice
cream trucks, on any street designated in the vendor permit or on private
property.
Density Bonuses, Fee Reductions, and Development Review Thresholds
Two Task Force recommendations, density bonuses for development with deed-
restricted restaurant space and fee reduction incentives for restaurants, independent
retailers and community services, were deferred to provide an opportunity to review the
effects of other Task Force recommendations. As recommended by the Task Force,
the development review thresholds are being addressed as part of the Downtown
Development Standards process, rather than being tied to restaurant development.
PROGRAMMING, MANAGEMENT AND CAPITAL RECOMMENDATIONS
In addition to the proposed legislative changes that are before the City Council for
consideration, the Task Force prepared a series of recommendations related to
programming, management and capital improvements that were reviewed by the
Council. Top priorities identified by the Task Force and Council are summarized below
for informational purposes.
New Cinema Development
Movie theaters are essential to the success, vitality and mixture of uses of the Bayside
District. However, Santa Monica's cinemas are becoming outdated, particularly with
23
respect to current amenities such as stadium seating, and as a result, are in danger of
losing their market position in the next few years. Reduction of the theaters' viability
could have serious repercussions for the Bayside District, especially District restaurants.
Recognizing that the current cinema sites on the Promenade are too small to
accommodate contemporary theater design, the Task Force recommended that the City
facilitate cinema development through Development Agreements. Locating new
theaters on other downtown streets could help to enliven the entire District.
City and Bayside District staff is currently meeting with operators of the cinemas to
discuss the City's openness to cinema redevelopment to enhance the viability of the
Downtown. Staff is also soliciting expert assistance in exploring options to encourage
the development of contemporary movies theaters. Options may include combining
cinema development with the downtown parking structure reconstruction and expansion
program.
Expanded Bayside Services
PPS' research shows that many successful urban business improvements districts
provide a more extensive array of services than what is provided through the BDC.
These services include broader and more extensive programming and marketing,
supplemental cleaning services, and concierge services that support the total visitor
experience. Because increased City financial support is not currently feasible, providing
enhanced services through BDC would likely require increased assessments,
compounded by the assessment proposed to support the Downtown Parking Strategy.
24
Discussions of this issue among BDC staff, board and members are ongoing.
Pedestrian and Ambient Lighting
The Task Force supported expansion of the pedestrian and ambient lighting program in
the alleys and streets of downtown. The City has received an MT A grant to pursue
streetscape improvements, including pedestrian lighting, on 2nd and 4th Streets. The
project could consider installing infrastructure to support ambient lighting. The design
process is expected to commence in within the next few weeks, with construction
anticipated to begin in late 2005.
Public Restrooms
The majority of the Task Force members supported efforts to provide new public
restrooms on or immediately adjacent to the Promenade. City and Bayside staff
continue to explore options for public restrooms.
Alley Revitalization Demonstration Project
PPS recommended improvement of the alleys in order to enhance the overall aesthetic
quality of the District and provide additional locations for dining, performance,
independent retailers and other activities. The Task Force recommended that one alley
segment be selected for a demonstration project that includes capital upgrades and
enhanced programming. Given the state of the City budget, implementing capital
upgrades in the alleys immediately presents a challenge. However, alley upgrades
could be considered as part of the Downtown Parking Structure program. In order to
25
maintain access for fire vehicles, programming within the alley rights-of-way would be
limited to easily portable items; tables and chairs for dining and tents and canopies for
special events would likely not be permitted. In addition, because the alleys do not
have sidewalks, measures that promote regular pedestrian traffic (such as retail or
restaurant uses fronting the alleys) when vehicles and trucks are in the alleys could
make the City vulnerable in the event of pedestrian injury. Finally, because deliveries
and customer pick-up now occurs during all times of the day, restricting vehicular
access to certain hours of each day could present logistical challenges for area
businesses.
BAYSIDE DISTRICT BOARD RECOMMENDATIONS
The Bayside District Board considered the proposed legislative amendments at its
meetings on January 22,2004 and February 26,2004. The Board voted to support the
proposed amendments, with a recommendation that the proposed CUP exemption not
only apply to Promenade restaurants, but to restaurants throughout the Bayside District.
This recommendation could be implemented by including the entire BSC District in
Section 2 of the proposed ordinance (Attachment A).
Although not a part of the legislative amendments before the Council, the Board also
recommended prioritization of the Programming, Management and Capital
recommendations as follows:
1. Enhanced Pedestrian and Ambient Lighting
2. Expanded Bayside Services
3. New Cinema Development
4. Public Restrooms.
26
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing and considered the proposed
Zoning Ordinance and Specific Plan amendments on April 14, 2004 and again on
May 19, 2004. Following public testimony and discussion, the Planning Commission
made the following recommendations:
. Signage allowances be made for restaurants at any level of a Promenade-
fronting restaurant; the relevant text recommended by the Planning Commission
been incorporated into the proposed ordinance (Attachment A);
. Clarification of the applicability of findings when the frontage of a proposed
Promenade business exceeds 50 feet; the relevant text recommended by the
Planning Commission has been incorporated into the proposed;
. Retention of the CUP requirements for alcohol-serving restaurants proposed for
the Promenade, while allowing these applications to be placed on the Planning
Commission consent calendar with a simplified staff report. Striking Section 2
from the proposed ordinance (Attachment A) would implement this
recommendation; and
. Although not a part of the legislative amendments before the Council, the
Planning Commission expressed its support for an alley demonstration project in
2nd Court alley between Broadway and Santa Monica Boulevard.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines in that CEQA only applies to projects having the potential to cause a
significant effect on the environment. This ordinance does not have this potential as it
does not change the permitted uses in the subject district and does not change the
development standards or amount of development that can occur in the district.
27
CONCLUSION
The proposed amendments to the Zoning Ordinance, Bayside District Specific Plan and
Municipal Code, in concert with the programming, management and capital
recommendations of the Promenade Uses Task Force, provide important tools for
maintaining and enhancing the diversity and vitality of the Third Street Promenade,
Bayside District and the Downtown Core. The proposed amendments are consistent
with the goals, objectives, policies and programs of the General Plan and the Bayside
District Specific Plan.
BUDGET I FINANCIAL IMPACT
Introduction and adoption of the proposed ordinance and resolution may result in an
incremental increase in permit, sales tax revenues and license revenues if these
measures are successful in promoting additional food-related uses in the Bayside
district. However, any increases are expected to be minimal individually and
cumulatively within a fiscal year.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading the ordinance
amending the Zoning Ordinance and Municipal Code and adopt a resolution amending
the Bayside District Specific Plan, as contained in Attachments A and B.
TEXT AMENDMENT FINDINGS
1. The proposed amendment is consistent in principle with the goals, objectives,
policies, land uses and programs specified in the adopted General Plan, specifically
Land Use Element Objective 1.3, which reinforces Downtown as the focus of the
28
City, supporting the greatest concentration of activity, in that the amendment
supports the creation and retention of restaurants as a key element in concentrating
activity in the Downtown; Land Use Element Policy 1.3.1, which encourages the
concentration of land uses and activities Downtown which create activity in both the
daytime and evening hours, in that the amendment supports the creation and
retention of restaurants which support activity during the daytime and evening; Land
Use Element Policy 1.3.2, which makes Downtown a primary location for uses that
encourage street activity after normal business hours, in that the amendment
supports the creation and retention of restaurants which provide outdoor dining
areas that enliven the streets during evening hours; and Land Use Element
Policy 1.4.1, which concentrates comparison retail use and other complementary
uses, such as restaurants, on or near the Third Street Promenade, in that the
amendment supports the creation and retention of restaurants on the Third Street
Promenade.
2. The public health, safety and general welfare require the adoption of the proposed
amendment, in that the amendment would provide for the continued diversity and
vitality of the third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors.
SPECIFIC PLAN AMENDMENT FINDINGS
The proposed amendment is consistent in principle with the goals, objectives, policies,
land uses and programs specified in the adopted General Plan, specifically Land Use
Element Objective 1.3, which reinforces Downtown as the focus of the City, supporting
the greatest concentration of activity, in that the amendment supports the creation and
retention of restaurants as a key element in concentrating activity in the Downtown;
Land Use Element Policy 1.3.1, which encourages the concentration of land uses and
activities Downtown which create activity in both the daytime and evening hours, in that
the amendment supports the creation and retention of restaurants which support activity
during the daytime and evening; Land Use Element Policy 1.3.2, which makes
Downtown a primary location for uses that encourage street activity after normal
business hours, in that the amendment supports the creation and retention of
restaurants which provide outdoor dining areas that enliven the streets during evening
hours; and Land Use Element Policy 1.4.1, which concentrates comparison retail use
and other complementary uses, such as restaurants, on or near the Third Street
Promenade, in that the amendment supports the creation and retention of restaurants
on the Third Street Promenade.
Prepared by:
Suzanne Frick, Director
Andy Agle, Assistant Director
Planning and Community Development Department
Jeff Mathieu, Director
Elana Buegoff, Senior Economic Development Analyst
Resource Management Department
29
Attachments:
A. Ordinance Amending the Municipal Code
B. Resolution Adopting an Amendment to the Bayside District Specific Plan
30
ATTACHMENT A
PROPOSED ORDINANCE
f:\atty\muni\laws\barry\promenadeordchanges-1 doc
City Council Meeting 6-8-04
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.15.080 TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE
BA YSIDE DISTRICT AND ON THE PROMENADE AND TO EXPAND THE TYPES OF
ESTABLISHMENTS THAT CAN CONDUCT ALCOHOL SALES IN THE BAYSIDE
DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT; ADDING SECTION
9.04.10.18.050 TO ALLOW NEW RESTAURANTS WITH ALCOHOL SERVICE IN
SPECIFIED BAYSIDE DISTRICTS TO BE ADMINISTRATIVELY APPROVED RATHER
THAN REQUIRING A CUP; AMENDING SECTIONS 9.04.08.15.020 AND
9.04.08.15.040 AND ADDING SECTION 9.04.13.060 TO LIMIT THE PROMENADE
FRONTAGE OF ANY NEW OR EXPANDING RETAIL USE TO FIFTY LINEAR FEET
UNLESS A USE PERMIT IS OBTAINED; AND AMENDING SECTIONS 6.36.030 AND
6.36.090 AND ELIMINATING SECTION 6.36.070 TO EXPAND THE VENDING CART
PROGRAM IN THE CITY SUBJECT TO A CITY LICENSE AGREEMENT
WHEREAS, the City has taken extensive efforts to maintain the unique character
and mix of uses on the Third Street Promenade in the Bayside District; and
WHEREAS, over the years, market forces have threatened the mix many times
and the City has responded to preserve the Promenade's unique character through
adoption of the Bayside District Specific Plan and adoption of laws and policies which
promote the general welfare by maintaining the Promenade's eclectic character; and
WHEREAS, on November 27, 2001, the City Council adopted an interim
ordinance regulating the concentration of ground floor retail uses on the Promenade by
limiting the total linear footage and square footage of retail on each block; and
1
WHEREAS, 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; and
WHEREAS, the Task Force met regularly beginning in May 2002 and completed
its work in March 2003, during which time it considered goals and objectives for the
Promenade and the Downtown, reviewed relevant City pOlicies and regulations, and
conducted community workshops; and
WHEREAS, the Task Force prepared a series of recommendation for review by
the City Council, include recommendations which require amendment of the text of
Santa Monica Zoning Ordinance; and
WHEREAS, on June 10, 2003, the City Council reviewed the recommendations
of the Task Force and directed staff to prepare a work plan for implementation of the
Task Force recommendations; and
WHEREAS, on September 9,2003, the City Council reviewed the proposed work
plan, which included a series of proposed amendments to the City's zoning and
planning regulations, including the Zoning Ordinance; and
WHEREAS, the City Council also adopted Resolutions of Intention directing the
Planning Commission to review and make recommendations on the Zoning Ordinance
and Bayside Specific Plan changes associated with the Task Force recommendations;
and
WHEREAS, the proposed ordinance would eliminate the numerical cap on
restaurants in the Bayside District and expand the types of alcohol sales subject to a
2
conditional use permit; limit the Promenade frontage of any new or expanding retail use
to fifty linear feet unless a use permit is obtained; and expand the vending cart program
subjecting such carts to a license agreement; and
WHEREAS, the Planning Commission conducted a public hearing and
considered the proposed Zoning Ordinance and Specific Plan amendments on April 14,
2004 and again on May 19, 2004; and
WHEREAS, the Planning Commission supported the proposed Zoning
Ordinance amendments with the exception that the Commission recommended that the
restaurants seeking to serve alcohol continue to be required to obtain a CUP with an
expedited review process; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on June 8, 2004; and
WHEREAS, the proposed Zoning Ordinance text amendment is consistent in
principle with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan, specifically, Land Use Element Objective 1.3, which reinforces
Downtown as the focus of the City, supporting the greatest concentration of activity, in
that the amendment supports the creation and retention of restaurants as a key element
in concentrating activity in the Downtown; Land Use Element Policy 1.3.1 which
encourages the concentration of land uses and activities Downtown which create
activity in both the daytime and evening hours, in that the amendment supports the
creation and retention of restaurants which support activity during the daytime and
evening; Land Use Element Policy 1.3.2 which makes Downtown a primary location for
uses that encourage street activity after normal business hours, in that the amendment
3
supports the creation and retention of restaurants which provide outdoor dining areas
that enliven the streets during evening hours; and land Use Element Policy 1.4.1 which
concentrate comparison retail use and other complementary uses, such as restaurants,
on or near the Third Street Promenade, in that the amendment supports the creation
and retention of restaurants on the Third Street Promenade; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that the amendment would provide for the continued diversity and
vitality of the Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.080 is hereby
amended to read as follows:
Section 9.04.08.15.080 Limitations on food uses
and alcohol outlets.
(a) The total number of alcohol and food-serving
establishments in the BSC District shall be limited to fifty. ~r-
purposes of this Section, a food serving establishment shall
include any restaurant, including, vvithout limitation. any
drive through or drive in restaurant, fast food or take out
restaurant, or sidewalk cafe, and any use which includes
4
incidental food service. Tho numbor of food serving
establishments and--eR-Sale alcohol outlets in tho sse
District shall not oxcood tho Iimit:ttions bolo'N. For purposes
of this Section, fast-food food courts shall be counted as one
feoG-serving establishment and one alcohol outlet, even
though individual tenants within a fast-food food court may
be required to obtain separate conditional use permits in
order to obtain an on-sale alcohol license. The total number
of food Gorving establishments and :tlcohol outlets in tho
Bse District shall be limited to seventy six food-serving
establishments, fifty, of which may have a Type 41 (On Sale
Beef.-and Wino), or Type 47 (On Sale Goneral) alcooffi
license. No. alcohol outlets which are not also food serving
establishments shall be allowed. Additionally, the number of
foo€l---s.efvfng-.establishments and-.a1cohol outlets on Block-4,
Block 5 and Block 6 shall be limited as follows:
Block -1: Food Serving Establishments: Eighteen,
ten of 'Nhich may have a Type <11 (On Sale Beer and Wine)
or Type 47 (On Salo General) .^.Icohol License, and one of
which may be-a-fast food food COl:tFt,f)fOVi.ded tho fast food
food court is located--fn--the-northern half of the-bJocl-\. Type
48.-(-Gn-Sale-Generaj......fer-..PubJicP-remj.se}..Alcohol...L-icense:.
None. Other:-On Sale Alcohol License Types: N-one,.
5
Block 5: Food Serving Est::lblishments: Sixteen, ton
of 'Nhich may h::lvO ::l Type 41 (OR Sale Boer and 'Nine) or
Type 47 (On S::lle Gener::ll) Alcohol Lioense, ::lnd one of
whj.Gh-may.....be-afast-food-food...GBurt;---.-Type-48....(Gr-l-Sale
General for Public Premise) Alcohol License: None. Other
On Sale Alcohol License Types: None.
Block 6: Food Serving Establishments: Eighteen,
eleven of 'Nhich may have a Type '11 (On Sale Beer and
VVine) or Typo 117 (On S::lle General) Alcohol License, and
one of which may be a fast food food court. Type 48 (On
Sale General for Public Premise) Alcohol License: None.
Other On S::lle Alcohol License Types: None.
SECTION 2. Section 9.04.10.18.050 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.18.050 BSC-1 Exemptions.
Restaurants or "bona fide" public eatinq places in the
SSC-1 portion of the SSC District which offer alcoholic
beveraqes includinq beer or wine incidental to meal service
shall be exempt from the provisions of this Part 9.04.10.18
onlv if the applicant aqrees in writinq to complv with the
followinq criteria and conditions:
6
(a) The primary use of the premises shall be for
sit-down meal service to patrons. Alcohol shall not be
served to persons except those intendinq to purchase meals.
(b) If a counter service area is provided. a patron
shall not be permitted to sit at the counter unless the patron
is orderinq a meal in the same manner as patrons orderinq
meals at the table seatinq. The seats located around the
counter service area cannot be used as a waitinq area
where patrons mav drink before beinq seated or as a bar
where beveraqes only are served.
(c) Window or other siqnaqe visible from the public
riqht-of-way that advertises beer or alcohol shall not be
permitted.
(d) Customers shall be permitted to order meals at
all times and at all locations where alcohol is beinq served.
The establishment shall serve food to patrons durinq all
hours the establishment is open for customers.
(e) The establishment shall maintain a kitchen or
food-servinq area in which a variety of food is prepared on
the premises.
(f) Take out service shall be only incidental to the
primary sit-down use.
7
(9) No alcoholic beveraqe shall be sold for
consumption beyond the premises.
(h) Except for special events. alcohol shall not be
served in any disposable containers such as disposable
plastic or paper cups.
(j) No video or other amusement qames shall be
permitted on the premises.
(i) No dancinq is permitted. Live entertainment
may onlv be permitted in the manner set forth in the Section
9.04.02.030.730.
(k) Anv minimum purchase requirement may be
satisfied bv the purchase of beveraqes or food.
(I) The primary use of any outdoor dininq area
shall be for seated meal service. Patrons who are standinq
in the outdoor seatinq area shall not be served.
(m) The operation shall at all times be conducted in
a manner not detrimental to surroundinq properties bv
reason of Iiqhts, noise. activities or other actions. The
operator shall control noisy patrons leavinq the restaurant.
(n) The permitted hours of alcoholic beveraqe
service shall be 9:00 a.m. to 12:00 midniqht Sunday throuqh
Thursdav. and 9:00 a.m. to 1 :00 a.m. Fridav and Saturdav
with complete closure and all emplovees vacated from the
8
buildinq bv 1 :00 a.m. Sunday throuqh Thursdav. and 2:00
a.m. Fridav and Saturday. All alcoholic beveraqes must be
removed from the outdoor dininq area no later than 12:00
midniqht. No after hours operation is permitted.
(0) No more than 35 percent of total qross
revenues per year shall be from alcohol sales. The operator
shall maintain records of qross revenue sources which shall
be submitted annuallv to the City of Santa Monica Planninq
Division at the beqinninq of the calendar vear and also
available to the City of Santa Monica and the California
Department of State Alcoholic Beveraqe Control (ABC) upon
reauest.
(p) Prior to occupancy. a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both phvsical and operational
security issues.
(0) Prior to occupancy. the operator shall submit a
plan for approval bv the Director of Planninq reqardinq
emplovee alcohol awareness traininq proqrams and policies.
The plan shall outline a mandatory alcohol-awareness
trainino proqram for all emplovees havino contact with the
public and shall state manaqement's policies addressinq
alcohol consumption and inebriation. The proqram shall
9
require all emplovees havinq contact with the public to
complete an ABC-sponsored alcohol awareness traininq
proqram within 90 days of the effective date of the
exemption determination. In the case of new employees, the
emplovee shall attend the alcohol awareness traininq within
90 days of hirinq. In the event the ABC no lonqer sponsors
an alcohol awareness traininq proqram, all emplovees
havinq contact with the public shall complete an alternative
proqram approved by the Director of Planninq. The operator
shall provide the City with an annual report reqardinq
compliance with this requirement. The operator shall be
subiect to any future Citywide alcohol awareness traininq
proqram affectinq similar establishments.
(r) Within thirty (30) days from the date of
approval of this exemption, the applicant shall provide a
COpy of the siqned exemption to the local office of the State
ABC.
(s) Prior to occupancy. the operator shall submit a
plan describinq the establishment's desiqnated driver
proqram, which shall be offered bv the operator to the
establishment's patrons. The plan shall specify how the
operator will inform patrons of the proqram, such as offerinq
10
on the menu a free non-alcoholic drink for every party of two
or more orderinq alcoholic beveraqes.
This exemption shall only be valid if approved in
writinq by the Zoninq Administrator.
SECTION 3. Santa Monica Municipal Code Section 9.04.08.15.020 is hereby
amended to read as follows:
Section 9.04.08.15.020 Permitted uses.
(1) The following uses shall be permitted in the BSC-
1 portion of the BSC District, provided that any such use
shall obtain a Use Permit pursuant to Section 9.04.08.15.035
if its Third Street Promenade first-floor frontaoe exceeds fifty
(50) feet. All uses shall be conducted within an enclosed
building, except where otherwise specified:
(a) Art galleries.
(b) Artist studios above the first floor and at the rear
seventy-five feet of a parcel.
(c) Bakeries.
(d) Barber or beauty shops.
(e) Business colleges.
(f) Child day care centers.
(g) Cleaners.
(h) Congregate housing.
(i) Cultural facilities.
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0) Dance studios.
(k) Domestic violence shelters.
(I) Exercise facilities.
(m) General offices above the first floor and in the
rear seventy-five feet of a parcel.
(n) General retail.
(0) Homeless shelters with less than fifty-five beds.
(p) Medical, dental and optometrist clinics and
laboratories above the first floor and in the rear seventy-five
feet of a parcel.
(q) Multi-family dwelling units.
(r) Museums.
(s) Outdoor newsstands.
(t) Pawnbrokers.
(u) Photocopy shops.
(v) Places of worship.
(w) Restaurants, subject to the limitations contained
in Section 9.04.08.15.080.
(x) Senior group housing.
(y) Senior housing.
(z) Sidewalk cafes, subject to the provisions of the
Outdoor Dining Standards for the Third Street Promenade,
12
approved by resolution of the City Council, and subject to the
limitations contained in Section 9.04.08.15.080.
(aa) Single-room occupancy housing.
(bb) Tailors.
(cc) Trade schools.
(dd) Transitional housing.
(ee) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(ff) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 4. Santa Monica Municipal Code Section 9.04.08.15.040 is hereby
amended to read as follows:
Section 9.04.08.15.040 Conditionally permitted
uses.
(1) The following uses may be permitted in the
BSC-1 portion of the BSC District subject to the approval of
a conditional use permit. Additionally. any use for which the
Third Street Promenade first-floor frontaQe exceeds fifty (50)
13
feet shall obtain a Use Permit pursuant to Section
9.04.08.15.035:
(a) Bars, subject to the limitations contained in
Section 9.04.08.15.080;
(b) Billiard parlors;
(c) Bowling alleys;
(d) Cinemas;
(e) Clubs and lodges;
(f) Convention and conference facilities;
(g) Fast-food food courts, subject to the limitations
contained in Section 9.04.08.15.080;
(h) Homeless shelters with fifty-five beds or more;
(i) Hotels and motels;
0) Nightclubs, subject to the limitations contained in
Section 9.04.08.15.080;
(k) Open-air farmers markets;
(I) Skating rinks;
(m) Theaters.
14
SECTION 5. Section 9.04.13.060 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.13.060 First-floor uses with a Third
Street Promenade frontaae exceedina fifty (50) feet.
The purpose of this Section is to ensure a wide
variety of storefronts on the Third Street Promenade. A new
or expanded use on the Third Street Promenade may have a
first-floor frontaae that exceeds fifty (50) feet if a use permit
is obtained pursuant to Santa Monica Municipal Code
Section 9.04.20.11.010 et sec. and one of the followina
additional findinas of fact is made:
(1) The proposed use is an entertainment-related use
that adds to the overall vitalitv and diversity of the Bavside
District and the use cannot be accommodated within a Third
Street Promenade frontaae of 50 feet or less.
(2) The proposed use adds to the diversity of the
district bv providina aoods or services that are not otherwise
available in the Bavside District and the use cannot be
accommodated within a Third Street Promenade frontaae of
50 feet or less.
15
(3) The conditions of the proposed site make it
physically or practically infeasible for the use to OCCUpy a
Third Street Promenade frontaQe of 50 feet or less.
SECTION 6. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer' s
market;
(b) Any approved participant in any cultural arts and
crafts show (pursuant to Chapter 6.44);
(c) Any vendor operating pursuant to or under the
authority of an approved license agreement on the Pier;
(d) Any vendor operating pursuant to or under the
3uthority of 3n 3pproved license 3greement on the
f3B€lestrian mall established pursuant to Section 3.36.150 of
this Code;
(eg) Any approved participant in any special event
authorized by the City;
(fQ) Any individual vending newspapers, leaflets,
pamphlets, bumper stickers or buttons;
(gf) Any individual or organization that vends the
following items which have been created, written, composed
16
or otherwise produced by the vendor: books, cassette tapes,
compact discs, paintings, photographs or any other item that
is inherently communicative and has nominal utility apart
from its communication.
SECTION 7. Santa Monica Municipal Code Section 6.36.070 is hereby deleted
in its entirety.
SECTION 8. Santa Monica Municipal Code Section 6.36.090 is hereby amended
to read as follows:
Section 6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this
Chapter shall vend in any location in the City except-tfl.e
following areas:
(a) Six fixed locations for 'Nhich no more than one
vendor permit shall be issued for each location:
(1) The public side\valk at the north'Nest corner of
Fifth Street :::It Arizon:::l Avenue.
(2) The pHtWG-siEiewalk-at-the-Rorthe:::lst corner of
Sixth Street at Santa Monic:::l Boulcv:::lrd.
(3) The public sidewaJ.k-at-thc north'tlect corner of
f-oorth-.Stfeet, at Arizona Aveooe-:
17
SECTION 9. 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 effect the provisions of this Ordinance.
SECTION 10. 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.
18
SECTION 11. 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
19
ATTACHMENT B
PROPOSED RESOLUTION
RESOLUTION NO. (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING BAYSIDE DISTRICT SPECIFIC PLAN
POLICY 4.1.9 TO ELIMINATE THE NUMERICAL CAP ON
RESTAURANTS IN THE BAYSIDE DISTRICT, AMENDING POLICY 4.1.28
TO ALLOW FOR EXPANDED OUTDOOR DINING AREAS ON THE
PROMENADE, AND ADDING SIGNAGE STANDARD 13.5.11 TO ALLOW
FOR SIGNAGE FOR UPPER-LEVEL RESTAURANTS
WHEREAS, on January 23, 1996, the City Council of the City of Santa Monica
adopted the Bayside District Specific Plan through the adoption of Resolution No. 8994;
and
WHEREAS, the Bayside District Specific Plan establishes regulations, programs and
legislation for the development and continued economic enhancement and vitality of the
Bayside District, a 37-acre area at the core of downtown Santa Monica; and
WHEREAS, the City has taken extensive efforts to maintain the Promenade's unique
character and mix of u~es; and
WHEREAS, over the years, market forces have threatened the mix many times and
the City has responded to preserve the Promenade's unique character through adoption of
the Bayside District Specific Plan and adoption of laws and policies which promote the
general welfare by maintaining the Promenade's eclectic character; and
WHEREAS, 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; and
1
WHEREAS, the Task Force met regularly beginning in May 2002 and completed its
work in March 2003, during which time it considered goals and objectives for the
Promenade and the Downtown, reviewed relevant City policies and regulations, and
conducted community workshops; and
WHEREAS, the Task Force prepared a series of recommendation for review by the
City Council, including recommendations which require amendment of the Bayside District
Specific Plan; and
WHEREAS, on June 10, 2003, the City Council reviewed the recommendations of
the Task Force and directed staff to prepare a work plan for implementation of the Task
Force recommendations; and
WHEREAS, on September 9,2003, the City Council reviewed the proposed work
plan, which includes a series of proposed amendments to the City's zoning and planning
regulations, including the Bayside District Specific Plan; and
WHEREAS, on September 9, 2003, the City Council of the City of Santa Monica
adopted a resolution of intention directing the Planning Commission to consider an
amendment of the Bayside District Specific Plan related to number of permitted
restaurants, outdoor dining areas and permitted sign age; and
WHEREAS, on April 14, 2004 and May 19, 2004, the Planning Commission held
public hearings on the proposed amendments; and
WHEREAS, the Planning Commission subsequently forwarded its recommendations
to the City Council; and
WHEREAS, on June 8, 2004, the City Council held a public hearing on the proposed
amendments; and
2
WHEREAS, the proposed amendment is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan,
specifically land Use Element Objective 1.3, which reinforces Downtown as the focus of
the City, supporting the greatest concentration of activity, in that the amendment supports
the creation and retention of restaurants as a key element in concentrating activity in the
Downtown; land Use Element Policy 1.3.1, which encourages the concentration of land
uses and activities Downtown which create activity in both the daytime and evening hours,
in that the amendment supports the creation and retention of restaurants which support
activity during the daytime and evening; land Use Element Policy 1.3.2, which makes
Downtown a primary location for uses that encourage street activity after normal business
hours, in that the amendment supports the creation and retention of restaurants which
provide outdoor dining areas that enliven the streets during evening hours; and land Use
Element Policy 1.4.1, which concentrates comparison retail use and other complementary
uses, such as restaurants, on or near the Third Street Promenade, in that the amendment
supports the creation and retention of restaurants on the Third Street Promenade.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOllOWS:
SECTION 1. Pursuant to the Santa Monica Municipal Code Section 9.04.20.18, the
City Council hereby adopts amendments to the Bayside District Specific Plan, as contained
in Exhibit 1.
3
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
F:\PLAN\ADMIN\DOWNTOWN TASK FORCE\CODE CHANGES\BSDSP RESO.DOC
4
EXHIBIT 1
BA YSIDE DISTRICT SPECIFIC PLAN AMENDMENTS
Bayside District Specific Plan Policy 4.1.9:
The number of on salo alcohol outlets and food serving ostablishmonts in
the Bayside District shall be limited on a blook by blook basis in order to
provide for a mix of activities including retail and entertainment, and to
prevent an over concentration of food serving ~md alcohol outlets.
Bayside District Specific Plan Policy 4.1.28:
Allow encroachments of up to 12 foot into the Promenade from tho
abutting pFOpo~' froAtago to accommodate outdoor dining. Uses located
in the Promenade encroachment zone shall be in accordance with the
approved Third Street Promenade Outdoor Dining Standards subject to an
outdoor dinina license aareement. encroachment permit. The complete
outdoor dining guidolines arc contained in Appendix ,A..
Bayside District Specific Plan, 13.5 SIGNAGE STANDARDS:
Signage within the Bayside District Specific Plan area shall be subject to Chapter 9.52 -
Santa Monica Sign Code, of the Zoning Ordinance. However, in an effort to allow and
encourage pedestrian oriented signage, the following exceptions and additions to the
sign code have been included:
1. The use of signs along awning valances is allowed but letter height is limited
to 6 inches or less. Letter color should be compatible with the awning and
building color scheme.
2. The use of flags or banners of reasonable size which add color and
movement to the Bayside District area is allowed, subject to ARB review and
approval.
3. Direct and indirect lighting methods are allowed provided that they are not
harsh or unnecessarily bright. The use of can type box signs with translucent
backlit panels are not allowed within the Specific Plan area.
4. Signage type shall be appropriate for the building face upon which the sign is
to be located. The sign shall not obscure or conceal historic building
elements or details important to the building's image.
5. The placement of small wall mounted signs at the rear of each business or
address is strongly encouraged. The areas of the sign shall be limited to four
(4) square feet and shall not count toward the total sign area permitted for the
building.
6. In order to maintain the pedestrian scale in the area, signs shall not exceed
24" in height.
7. The use or projecting, "pedestrian oriented" signs shall be allowed in the
Bayside District Specific Plan area, but shall not exceed 4.5 square feet in
area and shall provide a clear vertical clearance to the sidewalk of at least
eight feet. The area of the projecting sign shall be included in the total sign
areas permitted for that building.
8. In order to encourage quality, creativity, and artistic expression, or in order to
assure adequate business identification, a Sign Adjustment from the sign
requirements for the Bayside District Specific Plan area may be granted
subject to the provisions of the Sign Ordinance, Section 9.52.120.
9. Portable signs, off premise signs, and any type of freestanding sidewalk or
"sandwich" signs shall be prohibited.
10. Signage is prohibited on outdoor table umbrellas.
11.For buildinos with Third Street Promenade frontaoe, restaurant
identification sionaoe may be mounted on a building UP to thirty inches
above the floor line of the floor above the restaurant.
F:IPLAN\ADMINIDOWNTOWN TASK FORCElCODE CHANGESIBSDSP RESO.DOC