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SR-410-001-05 PCD:SF:AA:f:\plan\admin\downtown task force\promenade frontage.doc Council Mtg: September 9, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Promenade Uses - Interim Ordinance Limiting the Linear Frontage of New or Expanded Uses on the Third Street Promenade and Resolutions of Intention to Amend the Bayside District Specific Plan and Zoning Ordinance INTRODUCTION This report recommends that the City Council introduce for first reading an interim ordinance limiting the frontage of new or expanded uses on the Third Street Promenade to no more than 50 linear feet and adopt resolutions of intention to amend the Bayside District Specific Plan and Zoning Ordinance associated with Promenade Uses Task Force recommendations. BACKGROUND As directed by the City Council, the Promenade Uses Task Force held a series of meetings and workshops during late 2002 and early 2003. The Task Force reviewed a series of issues and strategies related to the maintaining and enhancing the character and experience of the Third Street Promenade and Bayside District. On June 10, 2003, the City Council reviewed the recommendations of the Promenade Uses Task Force and directly staff to return with an interim ordinance implementing the Task Force’s recommendation that retail uses on the Third Street Promenade be limited to no more than 50 linear feet. The Council also held a study session earlier in the evening to consider a work plan for implementation of the other Task Force recommendations. 1 DISCUSSION The Task Force identified oversized retail uses as limiting opportunities for a wide variety of storefronts, thereby adversely altering the visual character and diversity of experience along the Promenade. Consolidation of individual storefronts to create larger retail sites has already occurred. Given the current appeal of the Promenade to national retailers that typically locate in big box power centers, the continuation of this trend is a significant threat to the diverse atmosphere of the Promenade. At its June 10, 2003 meeting, the City Council asked that this issue be addressed immediately in an interim ordinance in response to the threat. The proposed interim ordinance would allow retail uses with Promenade frontage of 50 linear feet or less to continue to be permitted by right. In the event the Promenade frontage of a building or site exceeds 50 feet, any remaining frontage within the building or site would require a minimum depth of 50 feet. The 50-foot length is consistent with the typical lot size (50-foot width by 150-foot length) within the downtown. The Promenade Uses Task Force also recommended that an allowance be made for exceptions to the 50-foot limitation, through a tool such as a use permit or a variance. Staff has crafted ordinance language supporting the 50-foot limitation, however, developing standards for exceptions has proven more difficult. If Council wishes to include the exception allowance and give direction on standards that would support exceptions, staff will endeavor to include the exception and associated standards in drafting the ordinance extension or the permanent ordinance. In order to begin the process of legislative modifications recommended in the 2 Promenade Uses work plan, resolutions of intention to initiate changes to the specific plan and municipal code are recommended at this time. A resolution of intention begins the process of Planning Commission and City Council consideration of amendments to land-use regulations. Adoption of the Resolution of Intention does not obligate the City Council to approve any of the potential amendments. CEQA STATUS The proposed ordinance is categorically exempt from CEQA under Class 5, minor alterations in land use limitations. Because the ordinance reflects present retail sizes, it will not result in any new changes in land use or density and is therefore categorically exempt from CEQA. BUDGET/FINANCIAL IMPACT Adoption of the proposed ordinance and resolutions of intention will have no budget or financial impact. RECOMMENDATION It is respectfully recommended that the Council introduce the attached interim ordinance for first reading and adopt the attached resolutions of intention. Prepared by: Suzanne Frick, Director Andy Agle, Assistant Director Planning and Community Development Department Attachments A. Proposed Interim Ordinance B. Proposed Resolution of Intention to Amend the Bayside Specific Plan (See Adopted Resolution No. 9889 (CCS) C. Proposed Resolution of Intention to Amend the Zoning Ordinance (See Adopted Resolution No. 9890 (CCS) 3