SR-410-001-04 (2)~
JUN 1 0 2003
PCD:SF:AA:f:\plan\admin\downtown task force\promenade task force.doc
Council Mtg: June 10, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Review of the Recommendations of the Promenade Uses Task Force and
Introduction and First Reading of an Interim Ordinance Extending the
Temporary Moratorium on the Expansion of Retail Uses on the Third
Street Promenade
INTRODUCTION
On March 26, 2003, the Promenade Uses Task Force completed its recommendations
for maintaining and enhancing the mix of uses on the Third Street Promenade and in
the Bayside District. This report provides background on the Task Force process and
discusses the Task's Force's recommendations.
BACKGROUND
Maintaining the proper balance of uses on the Third Street Promenade is an important
Council goal. 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. 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
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~IUN 10 2003
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 leave 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 a
typical outdoor 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
total linear footage and square footage of retail on each block. The ordinance includes
a 5 percent factor to provide some flexibility for property owners. The Council also
established a Promenade Uses Task Force to study the relevant issues, seek fe~sdback
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
has been extended twice in order to enable the Task Force to conduct its work and is
set to expire in September 2003.
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The Promenade Uses Task Force began meeting in May 2002 and met re~gularly
through March 2003 The Task Force began its meetings by discussing goals, issues
and opportunities related to the vitality of the Promenade, The Task Forc~e also
reviewed existing regulatory documents and improvement plans for the area, including
the General Plan, Bayside District Specific Plan, and Downtown Parking Strategy,
in the Task Force process, it became apparent that outside expertise would be n~eeded
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.
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 globe. 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,
conducted user intercept surveys, time-lapse filming, and activity mapping of peciestrian
patterns on the Promenade and in the Bayside District. Some of the key findings of this
analysis included:
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Unique shops and restaurants tend to be a greater draw to passersby thian 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 ~arry L.und, a
retail expert, regarding current trends in national and local retailing, A nation~l 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
appropriate mix of retail, restaurant and entertainment uses for successful urban
environments. Mr. Lund's research shows a wide variety in the mix among suc:cessful
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
approximately 25 interested members of the community, including residents,
restaurateurs, retailers, property owners. The workshop included a presentation by
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PPS of ideas and opportunities for enhancing the mix and vibrancy of the Promenade
and Bayside District, followed by attenciees' 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 imprc~ved in
isolation, as the Promenade and adjacent streets have a symbiotic re~ationship 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 tow~rd 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 w~ith 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.
However, encouraging new theater development along Second and Fourth Streets
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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.
DISCUSSION
The Promenade Uses Task Force's recommendations are included as Attachment A.
Since the Task Force completed its work, staff of the Planning and Community
Development, Resource Management, Environmental and Public Works Management,
Police and Fire Departments and the City Attorney's Office have had an opportunity to
review the Task Force recommendations in order the provide the Council with additional
considerations regarding the recommendations. In addition, the Bayside District Board
has reviewed and made recommendations regarding the Task Force strategies (see
Attachment B.)
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The strategies recomrnended by the Task Force are organized into categori~;s and
discusspd 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 commented 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 Prornenade, 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 ancl 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 foc~d 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 existenc~ of the
regulatory mechanism requires any new restaurant that opens within the ~ayside
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C-istrict to secure a permit from the City, including review of where the new restaurant
stands relative to the cap. While this p~ermit does not require a public hearing, it does
irivolve an additional step in the process that competes for limited staff resources within
tF~e Planning Division. The Task Force considered eliminating any restaurant cap, but
expressed concern that an overabundance of restaurants could become a problem in
the future and that some limit on the number of restaurants helps to protect existing
restaurants from oversaturation of the market. In order to eliminate the permit
requirements for restaurants, yet maintain a way to monitor their total number, the Task
Force recommended that the Council establish a policy limit on the desired number of
rE;staurants that would exist within the District. The BDC could monitor the number of
restaurants and inform the City if reguYatory measures needed to be deployed. This
change would allow restaurants withc-ut alcohol-service to simply obtain a business
lic;ense, thereby reducing one of the barriers to new restaurants in the District. Such a
change would require the Council ta adopt an ordinance modifying the existing
Mlunicipal Code sections governing restaurants in the Bayside District, adopt a policy on
the desired total number of restaurants in the District, and direct the BDC to track the
number of restaurants in the District and inform the Council when the policy limit was
approached.
Review of Alcohol-Serving Restaurants
Under the City's existing regulations, n~:w restaurants with alcohol service are required
ta 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
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Council), can be an expensive, length~r and uncertain process that crE,ates a barrier for
restaurateurs, particularly independent restaurateurs who may not h~ive 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
administrative approval only, subject to uniform standards that reflect the conditions that
have historically been applied by the Planning Commission.
The Task Force also acknowledged that existing restaurants with CUPs may wish to
expand or modify their service and thereby recommended that such expansions be
subject to administrative approval pursuant to the established standards. If a prc~posed
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 caK> on the number of alcohol-serving restaurants
remain in place.
Implementing these changes would require Council to adopt an ordinance establishing
project development standards for alcohol-serving restaurants and the mechanism for
existing CUPs in the District to choose to comply with the project develc-pment
standards for expansion or continue to be subject to existing CUPs.
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Outdoor Dining Regulations
The Task Force recognized that outdoor dining is an important element in the vitality
and ambiance of the Promenade and Bayside District and that it can be an adc~itional
amenity that helps restaurants' economic viability. In order to reduce regulatory barriers
to outdoor dining, the Task Force recommended that such dining be administratively
approved, subject to consistency with existing design guidelines. The C~ouncil
considered this matter on a citywide basis at its meeting on May 20 and held first
reading of an interim ordinance creating a more certain approval process.
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 restaur~ints on
the Prornenade.
Expand Opportunities for Outdoor aining
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
revieuved examples from other~ US and world cities where al fresco dining occur;> in the
center of pedestrian streets and on the curbside of sidewalks. PPS also presented
time-lapse video sho~~ring that restaurant-contiguous outdoor dining areas tend to
disrupt the pedestrian rhythm along trie Promenade, thereby discouraging pede~strians
from approaching the storefronts adjacent to these dining areas. In addition, the Task
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Force expected that thie availability of additional outdoor dining areas could make the
overall rental costs per seat more approachable for restaurants. As a result, the Task
Force recommended that outdoor dining opportunities be expanded tc~ 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 dinii~g area, which is
discussed later in this report.
Enabling outdoor dining to occur within these areas ~nrould 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 fir~e 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 rnaintain roadway access. Allowing the public right-of-way to be
used as private space that is only available to restaurant customers cc~uld make the City
vulnerable to legal challenge related to privatization of public space and could impact
the City's existing regulatory system on the Promenade. Dining areas~ not contiguous to
storefronts could also create choke points during rallies and marc:hes, which might
impact the ability to operate the outdoc-r cafe during those times.
Density Bonus / Transfer of Develo~ment Rights
The Task Force also recommended that the City consider providing density bonuses for
new developments and transfers of development rights for existing developments on the
Promenade that are willing to deed-restrict ground-level space for independent
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restaurants. These development inc;entives may be significant er~ough to make it
feasible for a property owner to subsidize the rent of a restaurant. The Task Force
recognized that such an incentive might not be utilized and that a long-term deed
restriction may not be an appropriate tool to deal with what may be a short-term
problem, but nonetheless recommended that the development incentives be explored
further.
Flexibility in Signage Standards
In order to enhance restaurants visibility, the Task Force recommended more flexibility
in signage standards that are applied to Promenade restaurant:>, including more
flexibility on menus on outdoor railings and signage above the second floor to
encourage second floor restaurants. The Task Force split on whether sandwich boards
should be allowed within the public right-of-way. On June 10, the Cc~uncil will consider
continuing to restrict the placement of sandwich boards on public sidewalks. Such
restrictions could apply in the Bayside District as well.
Other Incentives
Task Force also recommended that financial incentives, such as reduced
assessments or fees, be considered for food-related uses, as we:ll as independent
businesses and comrriunity services.
Task Force considered other incentives, such as creating a higher development
review threshold for developments with deed-restricted restaurant sp~~ce. However, the
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Task Force recommended that the 30,000 square foot threshold should be restored as
part of the adoption of design standards, rather than being tied to the restaurant use.
NEW REGULATORY RESTRICTIONS
In addition to reducing barriers to and creating incentives for restaurants, the Task
Force c~~nsidered disincentives and restrictions on retail uses and formula businesses.
However, the majority of the Task Force opposed creating new regulatory restrictions
on these uses. One new regulation that was recommended by the Task Force is a
restriction on the linear frontage that any new retail use could occupy. This
recommendation aro:~e out of concern for 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. The Task Force
recommended that the frontage of any retail use be limited to 50 feet, with any
remaining frontage vuithin the building or site requiring a minimum depth of 50 feet.
Larger frontages would be subject to a variance. In order to make such a change, a
new ordinance would need to be adopted.
VENDII~JG CARTS A~JD KIOSKS
In order to enhance the pedestrian environment and broaden the variety of food and
services available in the District, the Task Force recommended that the vending cart
program be expande~d to appropriate sites on the Transit Mall and that the vending
options on the Prome:nade be expanded to include incidental food, goods and services.
The Task Force also recommended that the kiosks be programmed to better support
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food service and outdoor dining. Thesa recommendations could be ac;complished when
th~ City next seeks ~~roposals for the vending cart program and kiosk spaces and
Council approves revised leasing and licensing guidelines for the Bayside District.
OTHER RECOMMENDATIONS
In addition to the measures discussed above, Project for Public Spaces recommended
other strategies to enhance the ambiance of the District. The Task Force identified
se~veral of these as highest priority strategies, as discussed below.
Alley R~evitalization Demonstration P'roject
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 presents a maj~~r challenge. However, alley upgrades could be
considered as part of the Downtown Parking Structure program. In order to 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 regialar 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
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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.
New ~inema Development
Movie theaters are essential to the success, vitality and mixture of usas of the Bayside
District. However, Santa Monica's cinemas are becoming outdated, particularly with
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. Cinema
development could also be facilitated as part of implementation of the Downtown
Parking Strategy.
Expand Bayside Services
PPS' research shows that many suc:cessful 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 pro~ramming and marketing,
supplemental cleaning services, and concierge services that support the total visitor
experience. Providing enhanced services through BDC would likely require increased
assessrnents, compounded by the assessment proposed to support the Downtown
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Parking Strategy. Increased City financial support is not currsntly feasible.
Public Restrooms and Lighti~g
The majority of the 7ask Force mernbers supported efforts to prc~vide new public
restroonns on or immediately adjacent to the Promenade, The Task Force also
supportE~d expansion of the per~estrian and ambiance lighting program in the alleys and
streets of downtown,
INTERIP~I REGULATIONS
The majority of the Task Force supported the continuation of i:he interim retail
conversion moratorium until the recommended measures bagin to create the desired
effects in the downtown. The majority was split on whether the ~neasures should
continue for one or finro years.
An ordinance extending the interim measures is attached as Exhibit C. As the threat to
restaurants on the Promenade continues, and new measures under consideration by
the Council may take several months or longer to implement, staff recommends that the
intprim ordinance be extended for orie year. At that time, Council could reassess
whether significant progress had beE;n made to allow ea:~ing or e~limination of the
moratorium.
CEQA STATUS
The prc-posed ordinance is categorically exempt from CEc~A under Class 5, minor
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altPrations in land use limitations. Because the ordinance reflec;ts present retail
concentrations, it will not result in any new changes in land use or density and is
therefore categorically exempt from CEQA. Other strategies that the iCouncil may wish
to pursue would be reviewed prior to final Council action.
BUDGET/FINANCIAL IMPACT
Ad~ption of the proposed ordinance would not have a direct financial irnpact on the City.
Implementation of several strategies recommended by the Task Force would require
City funding, which is not currently budgeted, or an increase in as:~essments levied
within the Bayside District.
RECOMIMENDATION
It is recommended that the Council:
1. F~eview the recommendations of the Promenade Uses Task Force;
2. Give direction on the recommendations, including pre~~aration c>f ordinances and
ir~itial priorities; and
3. Ir~troduce the attached interim ordinance for first reading.
Prepared by: Suzanne Frick, Director
Andy Agle, Assistant Director
Planning and Community Development Departmer~t
Jeff Mathieu, Director
Mark Richter, Economic Development M~~nager
Resource Management Department
Attachments:
A. Promenade Uses Task Force Recommendations
B. Bayside District Corporatic~n Board Recommendations
C. Proposecl Ordinance
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ATTACHMENT A
PROMENADE USES TASK FORCE
RECOMMENDATIO~JS
Promenade Uses Task For~~e
Recommendations
Restaurant Cap: Set a policy limit on the number of food uses within
the District; Bayside District staff will track number of food uses and
inform City if policy limit is being approached; remove the regulatory
caps on the number of food uses so that restaurants need only a
business license to open.
2 Alcohol Review: Allow alcohol-serving restaurants to open within the
District by Administrative Approval, subject to pre-defined standard
conditions; allow modifications and expansions of existing alcohol-
service CUPs by Administrative Approval; CUPs for alcohol service
would be required only when applicant requests modification of
standard conditions.
3. Outdoor Dinina Regulations: Allow Administrative Approval of outdoor
dining, subject to consistency with existing design guidelines.
4. Densitv Bonus / Transfer of Development Riqhts: Consider opportunities
to provide density bonuses and transfers of development rights for new
and existing developments on the Promenade that are willing to deed-
restrict a minimum of 50 percent of the ground-level square footage
and a minimum of 50 percent of the Promenade-facing linear footage
for non-form~la restaurants.
5. Development Review Thresholds: Development review threshold level
should be restored as part of the adoption of downtown development
standards, rather than being tied to the restaurant issue.
6. Sianaae Standards: More flexibility on signage standards on private
property should be provided for Promenade restaurants, with pre-
defined limits on menus on outdoor railings and more flexibility on
signage standards above the second floor to encourage second-level
restaurants; split recommendation (3-3) on whether there should be
more flexibility for sandwich boards in the public right-of-way on the
Promenade and other District streets.
7, Vendina Cart Program: Expand vending cart program to Transit Mall
and other feasible sites; broaden vending options to including
incidental food vending that is not duplicative of existing restaurant
offerings, as well as incidental services and goods (shoe shine, flowers,
etc.)
8. Kiosks: Add restaurant service to southern kiosk, provided that some
mutually acceptable space remains for existing dress shop; police kiosk
may be relocated, as long as there is a concierge service or other
identifiable presence; look at opportunities for locating newsstands on
nearby blank walls.
9, Expanded Outdoor Dinina Opportunities: Pursuant to the Bayside
District Leasing and Licensing Guidelines, allow for outdoor dining in the
center of the Promenade, at the outer edge of sidewalks and in the
alleys, with some flexibility regarding food preparation,; lease rates for
outdoor dining should be kept low with priority for existing restaurants;
require high quality in furniture and design of outdoor dining areas;
flexibility for climate controls should be provided.
10. Retail Limitations: Frontage of any retail use along the Promenade shall
be limited to 50 linear feet; retail frontage of greater than 50 linear feet
should be permitted only by variance; any remaining frontage should
have a minimum depth of 50 feet.
1 1. Retail Disincentives: Retail uses should not be subject to higher parking
assessments or to new on-site parking requirements for nev~r
construction.
12.Independent and Food Incentives: Consider incentives (assessment
reductions, fee reductions, etc.) for independent businesses, food-
related uses and community services.
3. Formula Business: Majority recommendation (6-1) that formula
businesses should not be subject to special regulations.
14.Interim Retail - Restaurant Reaulation: Majority felt that interim policy
should remain until other measures begin to take effect (4-3); split on
term of interim policy, ranging from 2 years (1 vote), 1 year (3 votes),
and no extension (3 votes).
15. PPS' Recommendations: The PPS recommendations should be pursued
(see Exhibit 1), with the following made highest priority:
a. Create an alley revitalization demonstration project (see
Exhibit 2),
b. Facilitate new cinema development through
development agreements,
c. Expand Bayside District services (event programming,
marketing, cleaning and concierge services~,
d. Majority for continuing to explore options for new public
restrooms on the Promenade or immediately adjacent
thereto (5-2), and
e. Continue and expand the pedestrian and ambiance
lighting program in alleys and District streets.
F:\PLAN\ADMIN\DOWNTOWN TASK FORCE\RECS032003A.DOC
EXHIBIT 1
PPS' RECOMMENDATIONS AND TIMELINE
SHORT-TERM (1-2 Years)
• Maintain interim policies on Promenade until other measures begin to produce results
• Expand Downtown vending cart program to Transit Mall and other feasible sites
o Establish preference for more local, diverse participation
o Current Promenade cart license agreement expires 06/30/03
• Allow outdoor dining to move to middle of Promenade and outer edge of sidewalks where feasible
o Requires discrete amendment to Bayside Specific Plan
o RFP process for licensing outdoor space
o Streamline regulatory process for alcohol service
• Implement streetscape design enhancements
o Reconfigure seating
o Create diverse uses of Center Courts
o Improve public gathering places with more flexible/less rigid design elements
MID-TERM (2-5 Years)
• Implement streetscape design enhancements on other Bayside District Streets
o MTA grant for improvements on 2°a and 4`~ Streets
o Pedestrian lighting and landscaping improvements
• Encourage restaurant development on second floors and at ground floor building rears with
Promenade access/frontage provided (L-shaped restaurants)
• Add more on-street parking within District
o Would require removal of traffic lanes
• Widen sidewalks temporarily or permanently to create more outdoor dining space
o Would result in temporary or permanent loss of on-street parking
o Would need to address public safety issues
• Enhance management and programming of Bayside District
o Increase management of public spaces and alleys
o Actively recruit restaurants and local retailers
o Physically enhance kiosks and alleys for commercial use
o Would require increased Bayside expenditures and/or assessments
EXHIBIT 2
ALLEY REc~OMMENDATIC7NS
A Bayside District subcommittee should be established to review the use
and improvement of the alleys, including a demonstration project, with
the following goals:
a. Police, Fire and Trash accessibility shall be maintained,
b. Enhanced lighting, murals, decorative paving, appropriate
urban landscaping, restrooms, entryways and arches shall be
considered.
c. Arts, services, tie-in to existing events (e.g. farmers' market),
commerce, themed events, and adaptability shall be
considered for the alley spaces.
d. Incentives should encourage interactivity and improved
architectural treatment of buildings adjacent to alleys,
including high-quality materials, windows and entryways.
e. Encourage merchants and restaurateurs to become stronger
allies in maintaining the cleanliness of the alleys.
f. Encourage sublets of back portions of buildings to uses that
will enliven and interact with the alleys.
ATTAC H M E N T B
BAYSIDE DISTRICT CORP~RATION
BOARD RECOMMENDATIONS
Promenade Uses Task Force
Recommendation
1) Restaurant Cap: Set a policy limit on the
number of food uses within the District;
Bayside District staff will track number of food
uses and inform City if policy limit is being
approached; remove the regulatory caps on the
number of food uses so that restaurants need
only a business license to open.
2) Alcohol Review: Allow alcohol-serving
restaurants to open within the District by
Administrarive Approval, subject to pre-defined
standard condirions; allow modifications and
expansions of existing alcohol-service CUPs by
Administrarive Approval; CUPs for alcohol
service would be required only when applicant
requests modification of standard conditions.
3) Outdoor Dinin~ Reaulations: Allow
Administrative Approval of outdoor dining,
subject to consistency with egistin~ design
guidelines.
4) Densitv Bonus / Transfer of Develoament
RightS: Consider opportunities to provide
density bonuses and transfers of
development rights for new and egisting
developments on the Promenade that are
willing to deed-restrict restaurant space of a
minimum size and type. add staff
su~~estions of size and tvpe; i.e. foodcourt)
Bayside District Corporation
Recommendation
11 Restaurant Aunroval: Remove the
current caps for the number of restaurant
uses on the Promenade and replace them
with a district-wide cap on restaurants.
Establish standards of operation, similar to
C.U.P. standards, so that a restaurant, if it
agrees to abide by these standards, needs
only a business license ta open. Standards
must be established within 120 days to foster
restaurant activity in the district.
2) Alcohol Servine Aunroval: Allow alcohol-
serving restaurants to open within the
District by Administrative Approval, subject
to pre-defined standard conditions; allow
modifications and eapansions of ezisting
alcohol-service CUPs by Administrative
Approval; CUPs for alcohol service would
be required only when applicant requests
modification of standard conditions.
No Change
Change
5) Development Review Thresholds: 7.500
square foot development review thresholds
should be addressed as part of the adoption
of downtown development standards, rather
than being tied to the restaurant issue. The
thresholds should be restored to the 30,000
6) Signage Standards: More flexibility on
signage standards should be provided for
restaurants, with pre-defined limits on menus
on outdoor railings, more flexibility on signage
standards should be provided above the second
floor to encourage second-level restaurants;
6) Siena~e Standards: More flexibility on
signage standards should be provided for
restaurants, with pre-defined limits on
menus on outdoor railings, more flexibility
on signage standards should be provided
above the second floor to encourage second-
split recommendarion (3-3) on whether there
should be more flexibility for sandwich boards
in the public right-of-way with potentiallv
var~g limitations on side streets versus the
Third Street Promenade.
7) Vending Cart Proeram: Expand vending
cart program to Transit Mall and other
feasible sites; broaden vending options to
including incidental food vending that is not
duplicative of ezisting restaurant offerings,
as well as incidental services and goods (shoe
shine, flowers, etc.) Exnlore how exnansion
effects other uses alon~ the Transit Mail
includin~ street qerformers.
8 Kiosks: Add restaurant service to
southern kiosk, provided that mutuallv
acceotable space remains for existing dress
shop; police kiosk may be relocated, as long
as there is a concierge service or other
identifiable presence; if the non-food part of
northern kiosk can be re-used, look at
opportunities for locating newsstands on
nearby blank walls.
91 Expanded Outdoor Dining Op_portuniries:
Allow for outdoor dining in the center of the
Promenade, at the outer edge of sidewalks and
in the alleys, with some flexibility regarding
food prepararion; lease rates for outdoor dining
should be kept low with priority for existing
restaurants; require high quality in furniture and
design of outdoor dining areas; fle~bility for
climate controls should be provided.
10) Retail Limitarions: Retail uses along the
Promenade shall be limited to SO linear feet of
front fagade; retail uses of greater than SO linear
feet of front fa~ade should be permitted only by
variance; establish a minimum deuth for any
re~ining frontage.
level restaurants: establfsh more flexibility
for sandwich boards in the public right-of-
way with potentially varying limitations on
side streets and prohibition on the
Promenade.
No Change Recommended
No Change Recommended
9) Exaanded Outdoor Dinine Onnortunities:
Allow for outdoor dining in the center of the
Promenade, at the outer edge of sidewalks
and in the alleys, with some flexibility
regarding food preparation; lease rates for
outdoor dining should be kept low with
priority for existing restaurants; require
high quality in furniture and design of
outdoor dining areas; flexibility for climate
controls should be provided, however, side
panels and windbreaks should not be
allowed.
10) Retail Limitations: Retail uses along the
Promenade shall be limited to SO linear feet
of front fagade: Promenade frontage of
greater that SO linear feet of front fagade
should be permitted only by variance.
11) Retail Disincentives: Retail uses should No change Recomme~ded
not be subject to higher parking assessments
or to new on-site parking requirements for
new construction.
as
No
Consider incentives (fee reductions, etc.) for
independent businesses, food-related uses
and community services.
13) Formula Business: Majority
recommendation (6-1) that formula
businesses should not be subject to special
regulations.
14) Interim Retail - Restaurant Regularion: 14) The Committee Recommended the Term
Majority felt that interim policy should remain of the Interim Policy Be Set At One Year.
until other measures begin to take effect (4-3);
split on term of interim policy, ranging from 2
years (1 vote), 1 year (3 votes), and no
extension (3 votes).
15) PPS' Recommendations: The following 15) PPS' Recommendations: The following
should be made highest priority within the PPS should be made highest priority within the
recommendarions: PPS recommendations:
a) Continue and expand the pedestrian
a. Create an alley and ambiance lighting program in
revitalization the alleys and District streets
demonstrarion project,
b) Expand Bayside District services
(event programming, marketing,
b. Facilitate new cinema cleaning and concierge services)
development through
development agreements, c) Facilitate new cinema development
through development agreements
c. Expand Bayside District d) Continuing to explore new options
services (event for public restrooms
programming, marketing,
cleaning and concierge
services),
d. Majority for conrinuing
to explore new oprions
for public restrooms (5-
2), and
e. Continue and expand the
pedestrian and ambiance
lighting program in
alleys and District
streets.
16) New Recommendation: Amend the
alcohol ordinance to allow other types of
alcohol outlets in addition to the type 41 and ',
47 that are currently allowed, such as an off- 'i
site gourmet market, incidental alcohol sales
to live theater.