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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 ~ 1 ~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. 2 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: 3 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 4 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 5 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.) 6 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 7 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 8 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. 9 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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.