SR-400-008-03 (2)
PCD:SF:f:\plan\admin\ccreport\baysideord
Council Mtg: January 8, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Extension of Interim Ordinance Establishing A Temporary Moratorium On
The Expansion of Retail Uses on the Third Street Promenade
INTRODUCTION
On November 27, 2001, the Council adopted a 45-day emergency interim ordinance
that limited the conversion of restaurant use to any other use on the Third Street
Promenade. The ordinance must be revised in order for it to be extended beyond the
initial 45 day period. This report outlines the proposed revisions.
BACKGROUND
The Council expressed the desire to maintain the proper balance of uses on the Third
Street Promenade. The original Third Street Mall was primarily a pedestrian retail mall
that failed to attract residents and visitors. That failure 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. This Plan establishes
polices to preserve the unique mixture of uses, a key element to the success of the
Promenade. Over the years the Council has maintained the balance of uses by
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enacting zoning regulations that foster the appropriate mix of restaurant, retail and
entertainment uses.
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Information presented to Council on November 13 and 27 2001 shows that the mix of
uses is at risk. A number of restaurants have been lost in the last couple of years,
others are near or at the end of their leases. While restaurants are leaving the
Promenade, retail uses are growing. The growth of retail has already exceeded the ten
year projection contained in the Bayside District Specific Plan. The Promenade is
becoming less unique and more like an average outdoor shopping mall. If allowed to
continue, this trend will threaten the economic and social welfare of the downtown area.
DISCUSSION
The proposed ordinance would regulate the concentration of ground floor retail uses on
the Promenade by limiting the total linear footage and square footage of retail on each
block. The limits are based on current statistics with a 5% factor to allow property
owners some flexibility. Because establishing concentration limits will likely necessitate
changes to the Bayside District Specific Plan, which entails a lengthy process, the
ordinance will be effective for 24 months or until new regulations are adopted.
Promenade Uses Task Force
At the last meeting Council expressed interest in establishing a Task Force to facilitate a
broad-based discussion to identify the appropriate mix of uses on the Promenade, and
identify amendments to the Bayside District Specific Plan. The Task Force will review
the policy issues and recommend solutions with the assistance of staff and consultants.
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The Task Force will be jointly managed by staff from the Bayside District Corporation,
Planning and Community Development Department and Resource Management
Department.
The City has used several task force models in the past. These include the Downtown
Urban Design Committee, the 415 Pacific Coast Highway Working Group, Downtown
Parking Task Force and the Civic Center Working Group. The committees have been
five to seven members comprised of Council members and representatives from
appointed Boards and Commissions.
The Bayside District Corporation recommends:
Establishment of a small task force made up of representatives from City Council,
Planning Commission member, Bayside District Corporation, property owner, merchant
an/or restaurateur. The Task Force should be focused, adequately financed and
facilitated. Experts including the Fransen Company should be retained. The goal of the
Task Force should be to develop a mechanism for fostering and maintaining a healthy
and diverse commercial mix on the Promenade and its effect on the surrounding area.
The Task Force should complete their work by June 30, 2002.
Based on the success of both the Downtown Parking Task Force and the Civic Center
Working Group, staff recommends that the Task Force be composed of no more than 6
members and that it be small to ensure an effective and efficient process. A six
member Task Force could be comprised of:
3 City Council members
2 Bayside District Corporation members
1 Planning Commissioner
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The purpose of the Task Force is to facilitate public input through open meetings, and
workshops, disseminate information, evaluate options and formulate recommendations
to be forwarded to the City Council for consideration.
It is estimated the work of the Task Force will take approximately 1-2 years. During this
time Council may also be appointing other Task Forces such as the Commercial
Corridor Parking Task Force. The first meeting of the Task Force will occur in early
February. At that meeting the group will discuss the need for independent facilitation,
consultant and staff assistance and the future work plan.
CEQA STATUS
The proposed ordinance is categorically exempt from CEQA under Class 5, minor
alterations in land use limitations. Because the ordinance reflects present retail
concentrations, it will not result in any new changes in land use or density and is
therefore categorically exempt from CEQA.
BUDGET/FINANCIAL IMPACT
The recommendations in this report will have budget impacts. Consultant resources
and future amendments to the Bayside Specific Plan will result in professional services
expenditures. Until the Task Force meets and establishes the work plan, costs are
difficult to predict. Staff will return to Council will future appropriation and consultant
selection if necessary.
RECOMMENDATION
It is recommended that the Council adopt the proposed ordinance and establish a
Promenade Uses Task Force.
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Prepared by: Marsha Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Planning and Community Development Department
Marsha Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
Attachment A: Proposed Ordinance
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