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SR-400-04 (4) PCD:ADMIN:SF:AA:f:\miscproj\sidewalk use\sidewalk use second extension.doc Council Meeting: January 11, 2005 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Extension of Interim Ordinance regarding Seating, Portable Landscaping and Cigarette Disposal Receptacles within the Public Right-of-Way and Display of Merchandise on Private Property INTRODUCTION This report recommends that the City Council introduce for first reading an interim ordinance extending for two years an existing interim ordinance allowing businesses to place seating, portable landscaping and cigarette refuse receptacles within the public right-of-way and allowing for display of merchandise in private vestibules on Main Street and Montana Avenue. On December 9, 2003, the City Council first introduced an interim ordinance containing the sidewalk-related provisions, which was subsequently introduced for extension on January 13, 2004. The interim ordinance will expire on February 27, 2005, unless the proposed interim ordinance (Attached A) is adopted. DISCUSSION The proposed ordinance is intended to ensure continuity of the interim sidewalk use standards through February 25, 2007. This two-year period provides the Council and community with an opportunity to review whether the interim provisions have assisted in improving the pedestrian environment and economic vitality of the City’s commercial districts and should be incorporated into the update to the zoning ordinance. 1 The adopted interim ordinance allows businesses to place private items on the public sidewalk in addition to outdoor dining elements that are currently allowed under the Municipal Code. These items include non-dining seating adjacent to a restaurant, portable landscaping, and cigarette refuse receptacles. In addition, the ordinance provides for a single outdoor display of merchandise within covered vestibules, arcades or colonnades of retail establishments in the Main Street and Montana Avenue pedestrian shopping districts. BUDGET/FINANCIAL IMPACT Permit fees and licensing revenue associated with sidewalk items have been minimal and is reflected in the current budget. As enforcement has been carried out by existing staff in response to complaints, there has been no incremental cost to the City. RECOMMENDATION It is respectfully recommended that the Council introduce the interim ordinance included in Attachment A for first reading. Prepared by: Suzanne Frick, Director, Planning and Community Development Andy Agle, Assistant Director, Planning and Community Development Attachment A: Proposed Interim Ordinance 2 f:\atty\muni\laws\barry\sidewalk use second extension (A).wpd Council Meeting 1-11-05 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE AUTHORIZING THE PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE IN PRIVATE VESTIBULES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The City of Santa Monica is committed to preserving the economic vitality of local businesses. (b) The City is also committed to maintaining the inviting pedestrian orientation of its commercial streets. (c) The recent economic downturn adversely impacted the City’s business community and many businesses, including restaurants, have been especially hard hit by the drop in tourism and discretionary spending occasioned by these economic conditions. 3 (d) Outdoor seating, portable landscaping adjacent to businesses, merchandise displays in private vestibules, and outdoor cigarette refuse receptacles make local businesses more attractive to potential patrons. (e) These amenities also enhance the streetscape and enliven the pedestrian experience. (f) The private sidewalk frontage adjacent to many businesses is insufficient to accommodate these amenities. (g) Accordingly, on June 10, 2003, the City Council directed staff to prepare an interim ordinance allowing for portable landscape planters, seating and cigarette refuse receptacles in the public right-of-way and display of merchandise in private vestibules. (h) The City Council finds and declares that the public health, safety and general welfare requires adoption of an interim ordinance to authorize the placement of seating, portable landscape planters, and cigarette refuse receptacles in the public right-of-way and the display of merchandise in private vestibules in order to provide assistance to the City’s restaurants given the economic conditions and the critical role that restaurants play in the vitality of the City’s commercial districts and the overall health of the local economy. (i) Therefore, the City's zoning and planning regulations should be revised to allow the placement of the above specified objects in the public right-of-way and in private vestibules. (j) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current 4 development standards as they relate to portable landscape planters, cigarette refuse receptacles, outdoor seating, and the display of merchandise in private vestibules. (k) These interim standards will serve to assist restaurants and other retail establishments to survive during this difficult economic period. (l) In light of these concerns, the City Council adopted Ordinance Number 2101 (CCS) on December 16, 2003 which allowed businesses to place seating, portable landscaping and cigarette refuse receptacles within the public right-of-way and to display merchandise in private vestibules on Main Street and Montana Avenue. The City Council extended Ordinance Number 2101 (CCS) on January 27, 2004 through the adoption of Ordinance Number 2112 (CCS). However, this ordinance will expire on February 27, 2005, unless extended. Extending this interim ordinance will provide the Council and community with an adequate time to assess whether the interim provisions have assisted in improving the pedestrian environment and economic vitality of the City’s commercial districts and whether these provisions should be incorporated into the update of the Zoning Ordinance. (l) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance not be adopted. Consequently, it is necessary for this ordinance to extend the provisions of Ordinance Number 2101 (CCS) and Ordinance Number 2112 (CCS) up to and including February 25, 2007 to establish on an interim basis the following development standards: SECTION 1. Permitted Outdoor Uses. 5 (a) In addition to the outdoor uses permitted in Santa Monica Municipal Code Section, 9.04.10.02.340, the following uses shall be permitted outside of an enclosed building on a public sidewalk: (1) Seating accessory to a legally established restaurant or other eating and drinking establishment that is located immediately in front of the business and is not used for customer dining or drinking. (2) Portable landscape and cigarette disposal receptacles accessory to a legally established retail establishment, restaurant, or other eating and drinking establishment that are located immediately in front of the business (b) Seating, portable landscape, and cigarette disposal receptacles may only be placed on a public sidewalk pursuant to either a license agreement prepared in accordance with administrative guidelines adopted by the City which ensure the City receives adequate compensation, public safety is maintained, and the City’s aesthetic interest is preserved or a sidewalk use permit issued in accordance with subsection (c) of this Section. (c) A sidewalk use permit shall be issued if the following standards are met: (1) Seating must be regularly cleaned, maintained in good condition, and not exceed 24 inches in depth or 36 inches in height. (2) Landscaping planters must not exceed 24 inches in width or diameter, must prevent water drainage onto the sidewalk, must be elevated at least two inches off the ground, and must be maintained in good condition. (3) Cigarette refuse receptacles must comply with City design standards, be regularly cleaned, and be maintained in good condition. 6 (4) A four foot contiguous sidewalk width must be kept clear for pedestrian passage at all times and pedestrian access to building entrances must not be impeded. (5) All items placed on the public sidewalk must be removed when the business establishment is closed. (6) The business establishment must assume all liability associated with the placement of these items on the public sidewalk. (7) The business establishment must pay the reasonable processing costs for the sidewalk use permit. (d) The following use shall be permitted outside an enclosed building on properties zoned CM or zoned C2 on Montana Avenue: (1) A single outdoor display of merchandise entirely within the covered vestibule, arcade or colonnade area of a retail establishment provided that the single display does not exceed 60 inches in height, 36 inches in width and 36 inches in depth, or 42 in height, 48 inches in width and 36 inches in depth, and provided that the single display is removed from the vestibule, arcade or colonnade when the business is closed. However, garment racks shall be prohibited. SECTION 2. This Ordinance shall be of no further force or effect after February 25, 2007 unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. 7 SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ____________________________ MARSHA JONES MOUTRIE City Attorney 8