SR-410-001-05 (5)
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FEB 2 2 2005
PCD:SF:M:f:\administration\share\downtown task force\code changes\promenade.doc
City Council Meeting: February 22,2005 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Promenade Uses Task Force Legislative Amendments
INTRODUCTION
The proposed legislative changes in this report are part of a series of programming,
management, capital and legislative recommendations developed by the Promenade
Uses Task Force to facilitate the continued vitality and diversity of the uses on the Third
Street Promenade and in the Bayside District. This report recommends that the City
Council introduce for first reading an ordinance amending Municipal Code Section
9.04.08.15.080 to eliminate the numerical cap on restaurants in the Bayside District and
expand the types of alcohol sales subject to a conditional use permit, amending Section
9.04.10.18.050 to provide for a Conditional Use Permit exemption for alcohol-serving
restaurants in the Bayside District, and amending Sections 6.36.030 and 6.36.090 and
eliminating Section 6.36.070 to expand the vending cart program subject to a license
agreement; and adopt a resolution amending Bayside District Specific Plan Policy 4.1.9
to eliminate the numerical cap on restaurants in the Bayside District, amending Policy
4.1.28 to allow for expanded outdoor dining areas on the Promenade, and adding
Signage Standard 13.5.11 to allow for signage for upper-level restaurants.
BACKGROUND
Maintaining the proper balance of uses on the Third Street Promenade has been an
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FEB2 2 2005
important community goal. The original Third Street Mall was primarily a pedestrian
retail mall whose failure to attract residents and visitors 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
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 have left the Promenade, retail uses have
grown. The growth of retail has already exceeded the ten-year projection contained in
the Bayside District Specific Plan. Concern has been expressed that the Promenade is
becoming less unique and more like a typical 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 Council also
established a Promenade Uses Task Force to study the relevant issues, seek feedback
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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
was extended twice in order to enable the Task Force to conduct its work and extended
again while the Task Force recommendations are implemented. The interim ordinance
is set to expire in September 2005.
PROMENADE USES TASK FORCE
The Promenade Uses Task Force began meeting in May 2002 and met regularly
through March 2003. The Task Force began its meetings by discussing goals, issues
and opportunities related to the vitality of the Promenade. The Task Force also
reviewed existing regulatory documents and improvement plans for the area, including
the General Plan, Bayside District Specific Plan, and Downtown Parking Strategy. Early
in the Task Force process, it became apparent that outside expertise would be needed
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 world. Under PPS' guidance, the Task Force also participated in the "Place
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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, PPS
conducted user intercept surveys, time-lapse filming, and activity mapping of pedestrian
patterns on the Promenade and in the Bayside District. Some of the key findings of this
analysis included:
· Unique shops and restaurants tend to be a greater draw to passersby than 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 Larry Lund, a
retail expert, regarding current trends in national and local retailing. A national 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 successful
areas, ranging from restaurant-heavy areas to areas that are virtually devoid of
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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
interested members of the community, including residents, restaurateurs, retailers, and
property owners. The workshop included a presentation by PPS of ideas and
opportunities for enhancing the mix and vibrancy of the Promenade and Bayside
District, followed by attendees' participation in the Place Evaluation Game. Some
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 improved in
isolation, as the Promenade and adjacent streets have a symbiotic relationship 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 toward 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 with 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
cinemas are outdated and likely will become less competitive in the near future
unless they can provide appropriate amenities such as stadium seating. The current
cinema sites are generally too small to provide for these modern amenities.
However, encouraging cinema development along Second and Fourth Streets 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.
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· 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.
CITY COUNCIL ACTION
On June 10, 2003, the City Council reviewed the recommendations of the Promenade
Uses Task Force, indicated their general concurrence with the Task Force
recommendations and directed staff to return with a work program for implementation of
the Task Force recommendations.
On September 9,2003, Council discussed the work plan related to the Promenade
Uses Task Force recommendations and identified priorities for implementation of Task
Force and Bayside District Board recommendations. At that meeting, Council also
adopted Resolutions of Intention directing the Planning Commission to review and make
recommendations on the Zoning Ordinance and Specific Plan changes associated with
the recommendations.
Following review and recommendation by the Bayside District Corporation board and
Planning Commission, Council was presented with the proposed legislative changes on
June 22, 2004. Following questions of staff and input from members of the public,
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Council continued the item to a subsequent Council meeting in order to allow sufficient
time for Council discussion. On September 14, 2004, Council considered one element
of the item - limitation of Promenade business frontages to no more than 50 feet - and
held first reading of an ordinance implementing the recommended provisions, with
second reading and adoption on September 28, 2004. The remaining legislative
recommendations came before Council on October 12, 2004, though the item was
continued to a subsequent meeting in order to allow sufficient time for Council
consideration.
RECOMMENDED LEGISLATIVE CHANGES
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 noted that the City's regulatory mechanisms are weighte,d 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 Promenade, 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 and 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.
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As of February 2003, there were 59 food 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 at that time.
Although the restaurant caps are not currently being approached, the existence of the
regulatory mechanism requires any new restaurant that opens within the Bayside
District to secure a permit from the City, including review of where the new restaurant
stands relative to the cap. While this permit does not require a public hearing, it does
involve an additional step in the process that competes for limited staff resources within
the Planning Division. Without the cap, restaurants without alcohol service could open
with as little as a business license. The following zoning ordinance and specific plan
amendments would remove the restaurant caps and block-by-block alcohol caps, while
retaining the overall alcohol cap for the district:
SMMC Section 9.04.08.15.080 Limitations on food uses and alcohol
outlets.
(a) The number of alcohol ~md food serving establishments in the
BSC District shall be limited. For purposes of this Soction, 3 food sorving
ost3blishment shall includo 3ny restaurant, including, without limitation,
any drivo through or drive in rostaurant, fast food or take out restaurant,
or sidewalk c3fo, and 3ny uso which includes incidental food service. The
number of food serving est3blishmonts and on-sale alcohol outlets in the
BSC District shall not exceed the limitations below. For purposes of this
Section, fast-food food courts shall be counted as ono food sorving
ostablishment and one alcohol outlet, even though individual tenants
within a fast-food food court may be required to obtain separate
conditional use permits in order to obtain an on-sale alcohol license. The
total number of food serving establishments and alcohol outlets in the
BSC District shall be limited to sovonty six food sor\'ing ost3blishments,
fifty alcohol-servina establishments of which may havo a with Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) alcohollicense~.
No alcohol outlets which are not also food serving establishments shall be
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allowed. I\dditionally, tho number of food sorving establishmonts and
alcohol outlets on Block 1, Block 5 and Block 6 shall be limited as follows:
Block 1: Food Sorving Establishments: Eighteen, ten of which may ha'.'o
a Typo 11 (On Sale Beer and VVino) or Typo 17 (On Sale Gonoml)
!\Icohol License, and one of which may be a fast food food court, provided
the fast food food court is locatod in the northorn half of the block. Type 18
(On Salo Genoral for Public Promise) Alcohol Licenso: None. Othor On
Sale Alcohol License Typos: None.
Block 5: Food Serving Establishments: Sixtoon, ten of ~Nhich may havo
a Type 11 (On Sale Boor and \A/ine) or Typo 47 (On Sale General)
Alcohol Liconse, and one of '/.'hich may be a fast food food court. Type
18 (On Sale Genoral for Public Promiso) Alcohol License: Nono. Othor
On Sale Alcohol Licenso Types: None.
Block 6: Food Serving Establishmonts: Eighteen, eleven of which may
ha'Jo a Type 11 (On Solo Beor and VVino) or Type 17 (On Sale Genoral)
Alcohol License, and one of \\'hich may bo a fast food food court. Type 18
(On Sale General for Public Premise) Alcohol Liconse: Nono. Other On
Salo Alcohol Liconso Types: None.
Bayside District Specific Plan Policy 4.1.9:
The number of on-sale alcohol outlets and food serving establishments in
the Bayside District shall be limited on a block by block basis in order to
provide for a mix of activities including retail and entertainment, and to
prevent an over concentration of food serving and alcohol outlets.
In order to prevent a future over-concentration of restaurants, the Task Force also
recommended that the Bayside District monitor restaurant growth in the Bayside District
and inform the City if a proliferation of restaurants appears to be underway. Adoption of
the proposed Specific Plan amendment would not reduce the City's flexibility to impose
restaurant limits within the Zoning Ordinance in the future.
Review of Alcohol-Serving Restaurants
Under the City's existing regulations, new restaurants with alcohol service are required
to 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,
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which involves a public hearing before the Planning Commission (appealable to the City
Council), can be an expensive, lengthy and uncertain process that creates a barrier for
restaurateurs, particularly independent restaurateurs who may not have 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.
If a proposed 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 cap on the number of alcohol-serving
restaurants remain in place. The following zoning ordinance amendment would
implement the proposed change:
SMMC Section 9.04.10.18.050 BSC-1 Exemotions
Restaurants or "bona fide" public eatina places in the BSC-1 portion of
the BSC District which offer alcoholic beveraaes including beer or wine
incidental to meal service shall be exempt from the provisions of this part
9.04.10.18 only if the applicant agrees in writina to comply with the
followina criteria and conditions:
(a) The primary use of the premises shall be for sit-down meal service
to patrons. Alcohol shall not be served to persons except those intendina
to purchase meals.
(b) If a counter service area is provided. a patron shall not be permitted
to sit at the counter unless the patron is orderina a meal in the same
manner as patrons orderina meals at the table seatina. The seats located
around the counter service area cannot be used as a waiting area where
patrons may drink before being seated or as a bar where beveraaes only
are served.
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(c) Window or other siQnaQe visible from the public riQht-of-way that
advertises beer or alcohol shall not be permitted.
(d) Customers shall be permitted to order meals at all times and at all
locations where alcohol is beinQ served. The establishment shall serve
food to patrons durinQ all hours the establishment is open for customers.
(e) The establishment shall maintain a kitchen or food-servinQ area in
which a variety of food is prepared on the premises.
(f) Take out service shall be only incidental to the primary sit-down
use.
(g) No alcoholic beveraQe shall be sold for consumption beyond the
premises.
(h) Exceot for special events. alcohol shall not be served in any
disposable containers such as disposable plastic or paper cups.
(i) No video or other amusement Qames shall be permitted on the
premises.
0) No dancinQ is permitted. Live entertainment may only be permitted
in the manner set forth in the "Restaurant" definition contained in Section
9.04.02.030.730.
(k) Any minimum purchase requirement may be satisfied by the
purchase of beveraQes or food.
(I) The primarv use of any outdoor dininQ area shall be for seated
meal service. Patrons who are standina in the outdoor seatina area shall
not be served.
(m) The operation shall at all times be conducted in a manner not
detrimental to surroundinQ properties by reason of liQhts. noise. activities
or other actions. The operator shall control noisy patrons leavinQ the
restaurant.
(n) The permitted hours of alcoholic beveraae service shall be
9:00 a.m. to 12:00 midniaht Sunday throuQh Thursday. and 9:00 a.m. to
1 :00 a.m. Friday and Saturday with complete closure and all employees
vacated from the buildinQ by 1 :00 a.m. Sunday throuQh Thursday. and
2:00 a.m. Friday and Saturday. All alcoholic beveraaes must be removed
from the outdoor dininQ area no later than 12:00 midniQht. No after hours
operation is permitted.
(0) No more than 35 percent of total Qross revenues per year shall be
from alcohol sales. The operator shall maintain records of Qross revenue
sources which shall be submitted annually to the City of Santa Monica
Plannina Division at the beQinnina of the calendar year and also available
to the City of Santa Monica and the California Department of State
Alcoholic BeveraQe Control (ABC) upon request.
(p) Prior to occupancy. a security plan shall be submitted to the Chief
of Police for review and approval. The plan shall address both physical
and operational security issues.
(q) Prior to occupancy. the operator shall submit a plan for approval by
the Director of PlanninQ reQardinQ employee alcohol awareness traininQ
prOQrams and policies. The plan shall outline a mandatory alcohol-
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awareness trainjna proaram for all employees havjna contact with the
public and shall state manaaement's policies addressina alcohol
consumption and inebriation. The proaram shall require all employees
havina contact with the public to complete an ABC-sponsored alcohol-
awareness trainina proaram within 90 days of the effective date of the
exemption determination. In the case of new employees. the employee
shall attend the alcohol awareness trainina within 90 days of hirinQ. In the
event the ABC no lonaer sponsors an alcohol awareness trainina
proaram. all employees havina contact with the public shall complete an
alternative proaram approved by the Director of Plannina. The operator
shall provide the City with an annual report reaardina compliance with this
requirement. The operator shall be subject to any future citywide alcohol-
awareness trainina proaram affectinQ similar establishments.
(r) Within thirty (30) days from the date of approval of this exemption.
the applicant shall provide a COpy of the sianed exemption to the local
office of the State ABC.
(s) Prior to occupancy. the operator shall submit a plan describina the
establishment's desianated driver proaram. which shall be offered by the
operator to the establishment's patrons. The plan shall specify how the
operator will inform patrons of the proaram. such as offerina on the menu
a free non-alcoholic drink for every party of two or more orderina alcoholic
beveraaes.
This exemption shall only be valid if approved in writina by the Zonina
Administrator.
The proposed requirements reflect the standard alcohol outlet conditions associated
with CUPs approved by the Planning Commission over the past three years.
Council also discussed whether the streamlined approval process should apply to any
restaurant with alcohol service or only to restaurants serving beer and wine. Under the
latter scenario, restaurants proposing to serve a broader array of alcoholic beverages
would be required to obtain a CUP. Because the Planning Commission's alcohol
conditions have historically been applied to both types of restaurants and have proven
effective in ensuring that bona fide restaurants do not become de facto bars, staff
recommends that the proposed standards and review process apply to both types of
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restaurants on the Promenade. In addition, as the Task Force promoted a variety of
restaurants on the Promenade, including "special occasion" restaurants that are more
likely to offer a full bar with specialty beverages, a streamlined review process for all
restaurants is more likely to encourage the desired restaurant variety.
Staffs primary concern with the proposed regulatory process is that it would apply to
only one street within the downtown, which creates additional complexity in the Zoning
Ordinance and the potential for confusion among applicants and staff. If the new
regulations prove successful, Council may wish to consider expanding the proposed
regulatory process to other parts of the Bayside District or to other commercial areas.
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 restaurants on
the Promenade.
Expand Opportunities for Outdoor Dining
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
reviewed examples from other US and world cities where al fresco dining occurs in the
center of pedestrian streets and on the curbside of sidewalks. PPS also presented
time-lapse video showing that restaurant-contiguous outdoor dining areas tend to
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disrupt the pedestrian rhythm along the Promenade, thereby discouraging pedestrians
from approaching the storefronts adjacent to these dining areas. In addition, the Task
Force expected that the availability of additional outdoor dining areas could make the
overall rental costs per seat more approachable for restaurants. In order to reduce
regulatory barriers to outdoor dining, the Task Force recommended that such dining be
administratively approved, subject to consistency with established guidelines. In May,
2003 the City Council adopted an interim ordinance providing for administrative
approval of outdoor dining on a Citywide basis.
The Task Force also recommended that outdoor dining opportunities be expanded to
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 dining
area, which is discussed later in this report.
Enabling outdoor dining to occur within these areas would 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 fire 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 maintain roadway access.
The City Attorney has advised that allowing central portions of the Promenade to be
used as private dining space would pose various legal risks. Dining areas not
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contiguous to storefronts would create obstructions and choke points during times when
the Promenade is crowded. This would impact the flow of traffic and could also impact
emergency ingress and egress. Because preserving the free flow of traffic and
emergency ingress and egress is the basis for regulating street performance and other
First Amendment activities, dedicating a center portion of the public street to private
uses could jeopardize those regulatory schemes. Apart from the viability of these
regulatory systems, there are legal risks attendant upon attempting to close or restrict a
public forum to further private interests.
The following discrete amendment of the Bayside District Specific Plan would be
necessary to allow for the expanded outdoor dining areas:
Bayside District Specific Plan Policy 4.1.28:
Allow encroachments of up to 12 feet into the Promenade from the
abutting property frontago to accommodate outdoor dining. Uses located
in the Promenade encroachment zone shall be in accordance with the
approved Third Street Promenade Outdoor Dining Standards subject to an
outdoor dinina license aareement. encroachmont pormit. The complete
outdoor dining guidelinos am containod in !\ppendix /\.
If the Specific Plan amendment is adopted, staff will return to Council with amendments
to the Third Street Promenade Outdoor Dining Standards to reflect the expanded
outdoor dining areas and to maintain adequate areas for pedestrian circulation and
street performers.
Flexibility in Signage Standards for Upper-Level Restaurants
In order to encourage second-story restaurants overlooking the Promenade, the Task
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Force recommended more flexibility on signage above the second floor, which is
currently prohibited more than 30 inches above the second story floor line. While the
municipal code allows the Architectural Review Board to grant adjustments to these
requirements, the Task Force and the Council felt that affirmative language would
appropriately convey their intentions in this matter. The Planning Commission
recommended that the signage allowances apply to any upper-level restaurant, not only
those on the second story. As the Signage Standards of the Bayside District Specific
Plan expressly modify the sign prohibitions in the Sign Ordinance, the following Specific
Plan amendment would implement this recommendation:
Bayside District Specific Plan, 13.5 SIGNAGE STANDARDS:
11. For buildinQs with Third Street Promenade frontaQe. restaurant
identification siQnaQe may be mounted on a buildinQ UP to thirty inches
above the floor line of the floor above the restaurant.
OTHER LEGISLATIVE AMENDMENTS
Additional Types of Alcohol Permits
Although not originally considered by the Task Force, Council directed staff to prepare a
text amendment to expand the types of permitted alcohol sales in the Bayside District to
allow for uses such as alcohol sales incidental to live theater and alcohol sales by
specialty retailers. Currently, the alcohol caps in the Bayside District only allow alcohol
sales associated with restaurants. The proposed changes would allow for other types
of alcohol sales associated with permitted uses. A conditional use permit would
continue to be required for these types of alcohol sales, which would count toward the
total number of permitted alcohol-related uses in the District.
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Section 9.04.08.15.080 Limitations on food uses and alcohol outlets.
(a) The number of alcohol and food serving establishments in the
BSC District shall be limited. For purposes of this Section, a food serving
establishment shall include any restaurant, including, without limitation,
any drive-through or drive-in restaurant, fast-food or take-out restaurant,
or sidewalk cafe, and any use which includes incidental food service. The
number of food serving establishments and on sale alcohol outlets in the
BSC District shall not exceed the limitations below. For purposes of this
Section, fast-food food courts shall be counted as one food serving
establishment and one alcohol outlet, even though individual tenants
within a fast-food food court may be required to obtain separate
conditional use permits in order to obtain an on-sale alcohol license. The
total number of food serving establishments and alcohol outlots in the
BSC District shall be limited to seventy-six food serving establishments,.:.
The total number of alcohol-servina establishments in the BSC District
shall be limited to fifty ef v:hich may ha~./e a Typo 41 (On Sale Boor and
'.^Jinot or Typo 47 (On Sale General) alcohollicenso. No alcohol outlots
\\,hich are not also food serving establishments shall bo allowed.
Additionally, the number of food serving establishments and alcohol
outlets on Block 4, Block 5 and Block 6 shall be limited as follows:
Block 4: Food Serving Establishments: Eighteen, ten of which may have
a Typo 41 (On Sale Boor and VVine) or Type 47 (On Salo GQneral)
Alcohol Liconse, and one of which may be a fast food food court, pmvided
the fast food food court is locatod in the northorn half of the block. Typo 48
(On Salo Goneral for Public Premiso).:. Alcohol License~:Ten NeRe. GtAef
On Salo Aloohol License Types: Nono.
Block 5: Food Serving Establishments: Sixteen, ten of which may have
a Type 41 (On Salo Boor and VVino) or Type 47 (On Solo Goneral)
Alcohol Liconse, and one of which may bo 0 fast food food court. Type
48 (On Sale Goneral for Public Premise).:. Alcohol License~: Ten Nono.
Othor On Sale Aloohol License Typos: None. .
Block 6: Food Serving Establishments: Eighteen, eleven of '::hich may
have a Typo 41 (On Sale Boor and 'Nine) or Typo 47 (On Sale General)
Alcohol Licenso, and one of which may be a fast food food court. Type 48
(On Salo Goneral for Public Premise).:. Alcohol License~: Eleven None.
Other On Sale Alcohol License Types: Nono.
Bayside District Specific Plan Policy 4.1.9:
The number of on solo alcohol outlets and food serving establishments in
the Bayside District shall be limited on a block by block basis in order to
provide for a mix of activities including retail and entertainment, and to
prevent an over concentration of food serving and alcohol outlets.
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Vending Carts
In order to enhance the pedestrian environment and broaden the variety of food and
services available in the Bayside District, the Task Force recommended that the
vending cart program be expanded to appropriate sites on the Transit Mall and that the
vending options on the Promenade be expanded to include incidental food, goods and
services. The Task Force also recommended that the leasing and management of
vending carts in the downtown (Promenade, Transit Mall and other downtown sites) be
consolidated and simplified to provide for a stronger overall vending cart strategy.
The Bayside District Leasing Guidelines, most recently approved by Council in
June 2003, provide priorities for a broadened array of incidental food, goods and
services in vending cart offerings. The guidelines also anticipate expansion of the
vending cart program to include appropriate sites along the Transit Mall and elsewhere
in the downtown, subject to a City license agreement. The following municipal code
modifications would expand the opportunities for vending carts and consolidate the
administration of vending cart leases.
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's market;
(b) Any approved participant in any cultural arts and crafts show
(pursuant to Chapter 6.44 );
(c) Any vendor operating pursuant to or under the authority of an
approved license agreement on the Pier;
(d) Any vendor operating pursuant to or under the authority of an
approved licenso 3groomont on the pedestrian mall established pursuant
to Section 3.36.150 of this Codo;
(e) Any approved participant in any special event authorized by the
City;
(f) Any individual vending newspapers, leaflets, pamphlets, bumper
stickers or buttons;
18
(g) Any individual or organization that vends the following items which
have been created, written, composed or otherwise produced by the
vendor: books, cassette tapes, compact discs, paintings, photographs or
any other item that is inherently communicative and has nominal utility
apart from its communication.
Section 6.36.070 Special permit procedures for dmaJntO\\'n vending.
Non4Jithstanding any other provision of this Chaptor, an applioation for a
'1endor permit for ono of the locations set forth in Section 6.36.090(a) shall
be issued in aocordanoo 'Nith the follo'Ning proceduros:
(a) VVithin thirty days of the effecti'.'o date of this Chapter, tho City
sholl publish a notioe that applioations may bo filed for '1ondor permits at
tho locations describod in Sootion 6.36.090(a). Tho notice will provide that
the vendor applications shall be due within thirty days of the date of tho
publication. Commencing on Fobruary 1, 1992, and every tv.fQ years
thereaftor, the City shall publish notioo that applioations may bo filod for
vendor permits 'A'ithin thirty days of tho date of tho publication.
(b) Tho first '.tendor permits issued pursuant to this Section shall
oxpire on June 30, 1992, unloss earlior ro'Jokod pursuant to this Chaptor.
Subsoquent pormits shall bo '.'alid for a period of n\'o yoars commonoing
on July 1 st.
(c) The application shall indicate which one of tho six locations sot
forth in Sootion 6.36.090(a) tho application is boing filed for by tho
applioant. No person shall filo an application for more than ono location.
(0) In ordor to file an application for the locations sot forth in Sootion
6.36.090(a)(2) and Section 6.36.090(a)(5), tho applioant shall present
proof that the applicant is disabled 'Nithin the meaning of any Foderal or
State la':.'.
(0) In oonnootion with eaoh looation for which an application has boon
filed, tho City Clerk shall, within ton days of tho close of the application
poriod, place oards bearing the name of oaoh applicant in a container,
randomly dra'N the oards from the oontainer, and croato a list starting with
the first applicant whose name is drawn and followed by tho name of each
applicant subsoquently drawn. The applicant ':.tho is first on the list and
meets the othor standards for issuance of a vondor pormit set forth in this
Chaptor shall be issued a vendor pormit for the location for whioh the
application has been filod.
(f) If any vendor permit is rovoked, a vendor permit shall bo issued for
the remaining term of tho permit to the noxt applicant on the list 'I.'ho
moets the other standards for issuanco of a vondor permit set forth in this
Chapter.
(g) No applioation shall be accopted for any location set forth in
Section 6.36.090(3) oxcept during tho timo poriods set forth in subsection
(a) of this Section. HO'Ne'ler, if thoro aro no applicants for a location, or no
persons r-omaining on the list selected pursuant to subsection (e), a
vendor permit shall be issuod to the first person 'J.'ho applies for a pormit
19
for tho location and moots the standards for issu~mce of a vondor pormit
sot forth in this Chaptor. Hmo.loyer, in no event shall a pormit bo issued to
any porson who has already boon issuod a vondor pormit for anothor
location pursuant to this Section.
(h) The holder of a vendor permit whose pormit is not r-onewed
bocause the holder is not selectod in accordanco '.\'ith the procedures set
forth in this Chapter shall not bo entitlod to a hearing in accordaRco 'lIith
Section 6.36.060 or any other provision of this Code.
(i) The applicant for a vondor pormit whoso application is doniod
because tho applicant is not solected in accor.cJance with tho proceduros
sot forth in this Chapter shall not be ontitled to a hearing in accordanco
':.lith Section 6.36.060 or any other provision of this Code.
0) A vendor permit issuod pursuant to this Section shall be revoked if
the holder of tho pormit does not vond for at least ten days in any month.
(Prior code S 6287; added by Ord. No. 1495CCS, adopted 9/26.'89)
Section 6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this Chapter shall vend in
any location in the City except the following areas:
(a) Six fixod locations for which no more than one vendor pormit shall
be issuod for each location:
(1) The public sidewalk at the northwest cornor of Fifth Street at
Arizona Avenue.
(2) Tho public sidowalk at tho northeast corner of Sixth Street at
Santa Monica Boulevard.
(3) The public sidewalk at tho north.....est cornor of Fourth Stroot at
Arizona Avenue.
(4) Tho public sidO'Nalk at tho northeast cornor of Fourth Streot at
Arizona Avonue.
(5) The public sidewalk at the north...,est corner of Fourth Stroot at
Santa Monica Boulevard.
(6) The public sidewalk at the northwost corner of Fourth Street at
Broadway.
(b) I in connection with vending from vehicles, such as catering or ice
cream trucks, on any street designated in the vendor permit or on private
property.
Density Bonuses and Fee Reductions
Two Task Force recommendations, density bonuses for development with deed-
restricted restaurant space and fee reduction incentives for restaurants, independent
retailers and community services, were deferred to provide an opportunity to review the
20
effects of other Task Force recommendations.
PROGRAMMING, MANAGEMENT AND CAPITAL RECOMMENDATIONS
In addition to the proposed legislative changes that are before the City Council for
consideration, the Task Force prepared a series of recommendations related to
programming, management and capital improvements that were reviewed by the
Council. Top priorities identified by the Task Force and Council are summarized below
for informational purposes.
New Cinema Development
Movie theaters are essential to the success, vitality and mixture of uses 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. Reduced cinema 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.
City and Bayside District staff is currently meeting with operators of the cinemas to
discuss the City's openness to cinema redevelopment to enhance the viability of the
Downtown. Staff has also engaged expert assistance in exploring options to encourage
21
the development of contemporary movies theaters. Options may include combining
cinema development with the downtown parking structure reconstruction and expansion
program.
Expanded Bayside Services
PPS' research shows that many successful 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 programming and marketing,
supplemental cleaning services, and concierge services that support the total visitor
experience. Because increased City financial support is not currently feasible, providing
enhanced services through BDC would likely require increased assessments,
compounded by the assessment proposed to support the Downtown Parking Strategy.
Discussions of this issue among BDC staff, board and members are ongoing.
Pedestrian and Ambient Lighting
The Task Force supported expansion of the pedestrian and ambient lighting program in
the alleys and streets of downtown. The City has received an MT A grant to pursue
streetscape improvements, including pedestrian lighting, on 2nd and 4th Streets. The
project could consider installing infrastructure to support ambient lighting. The design
process is underway, with construction anticipated to begin in mid 2006.
Public Restrooms
The majority of the Task Force members supported efforts to provide new public
22
restrooms on or immediately adjacent to the Promenade. City and Bayside staff
continue to explore options for public restrooms.
Alley Revitalization Demonstration Project
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 immediately presents a 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 regular 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 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.
BA YSIDE DISTRICT BOARD RECOMMENDATIONS
The Bayside District Board considered the proposed legislative amendments at its
23
meetings on January 22, 2004 and February 26, 2004. The Board voted to support the
proposed amendments, with a recommendation that the proposed CUP exemption not
only apply to Promenade restaurants, but to restaurants throughout the Bayside District.
This recommendation could be implemented by including the entire BSC District in
Section 2 of the proposed ordinance (Attachment A).
Although not a part of the legislative amendments before the Council, the Board also
recommended prioritization of the Programming, Management and Capital
recommendations as follows:
1. Enhanced Pedestrian and Ambient Lighting
2. Expanded Bayside Services
3. New Cinema Development
4. Public Restrooms.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing and considered the proposed
Zoning Ordinance and Specific Plan amendments on April 14, 2004 and again on
May 19, 2004. Following public testimony and discussion, the Planning Commission
made the following recommendations:
. Signage allowances be made for restaurants at any level of a Promenade-
fronting restaurant; the relevant text recommended by the Planning Commission
been incorporated into the proposed ordinance (Attachment A);
. Retention of the CUP requirements for alcohol-serving restaurants proposed for
the Promenade, while allowing these applications to be placed on the Planning
Commission consent calendar with a simplified staff report. Striking Section 2
from the proposed ordinance (Attachment A) would implement this
recommendation; and
. Although not a part of the legislative amendments before the Council, the
Planning Commission expressed its support for an alley demonstration project in
24
2nd Court alley between Broadway and Santa Monica Boulevard.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines in that CEQA only applies to projects having the potential to cause a
significant effect on the environment. This ordinance does not have this potential as it
does not change the permitted uses in the subject district and does not change the
development standards or amount of development that can occur in the district.
CONCLUSION
The proposed amendments to the Zoning Ordinance, Bayside District Specific Plan and
Municipal Code, in concert with the programming, management and capital
recommendations of the Promenade Uses Task Force, provide important tools for
maintaining and enhancing the diversity and vitality of the Third Street Promenade,
Bayside District and the Downtown Core. The proposed amendments are consistent
with the goals, objectives, policies and programs of the General Plan and the Bayside
District Specific Plan.
BUDGET I FINANCIAL IMPACT
Introduction and adoption of the proposed ordinance and resolution may result in an
incremental increase in permit, sales tax revenues and license revenues if these
measures are successful in promoting additional food-related uses in the Bayside
district. However, any increases are expected to be minimal individually and
25
cumulatively within a fiscal year.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading the ordinance
amending the Zoning Ordinance and Municipal Code and adopt a resolution amending
the Bayside District Specific Plan, as contained in Attachments A and B.
TEXT AMENDMENT FINDINGS
1. The proposed amendment is consistent in principle with the goals, objectives,
policies, land uses and programs specified in the adopted General Plan, specifically
Land Use Element Objective 1.3, which reinforces Downtown as the focus of the
City, supporting the greatest concentration of activity, in that the amendment
supports the creation and retention of restaurants as a key element in concentrating
activity in the Downtown; Land Use Element Policy 1.3.1, which encourages the
concentration of land uses and activities Downtown which create activity in both the
daytime and evening hours, in that the amendment supports the creation and
retention of restaurants which support activity during the daytime and evening; Land
Use Element Policy 1.3.2, which makes Downtown a primary location for uses that
encourage street activity after normal business hours, in that the amendment
supports the creation and retention of restaurants which provide outdoor dining
areas that enliven the streets during evening hours; and Land Use Element
Policy 1.4.1, which concentrates comparison retail use and other complementary
uses, such as restaurants, on or near the Third Street Promenade, in that the
amendment supports the creation and retention of restaurants on the Third Street
Promenade.
2. The public health, safety and general welfare require the adoption of the proposed
amendment, in that the amendment would provide for the continued diversity and
vitality of the Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors.
SPECIFIC PLAN AMENDMENT FINDINGS
The proposed amendment is consistent in principle with the goals, objectives, policies,
land uses and programs specified in the adopted General Plan, specifically Land Use
Element Objective 1.3, which reinforces Downtown as the focus of the City, supporting
the greatest concentration of activity, in that the amendment supports the creation and
retention of restaurants as a key element in concentrating activity in the Downtown;
Land Use Element Policy 1.3.1, which encourages the concentration of land uses and
26
activities Downtown which create activity in both the daytime and evening hours, in that
the amendment supports the creation and retention of restaurants which support activity
during the daytime and evening; Land Use Element Policy 1.3.2, which makes
Downtown a primary location for uses that encourage street activity after normal
business hours, in that the amendment supports the creation and retention of
restaurants which provide outdoor dining areas that enliven the streets during evening
hours; and Land Use Element Policy 1.4.1, which concentrates comparison retail use
and other complementary uses, such as restaurants, on or near the Third Street
Promenade, in that the amendment supports the creation and retention of restaurants
on the Third Street Promenade.
Prepared by:
Suzanne Frick, Director
Andy Agle, Assistant Director
Planning and Community Development Department
Jeff Mathieu, Director
Miriam Mack, Economic Development Manager
Elana Buegoff, Senior Economic Development Analyst
Resource Management Department
Attachments:
A. Ordinance Amending the Municipal Code
B. Resolution Adopting an Amendment to the Bayside District Specific Plan
27
ATTACHMENT A
PROPOSED ORDINANCE
f:\atty\mu n i\laws \barry\promen ad eordchanges2. doc
City Council Meeting 10-12-04
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.15.080 TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE
BA YSIDE DISTRICT AND ON THE PROMENADE AND TO EXPAND THE TYPES OF
ESTABLISHMENTS THAT CAN CONDUCT ALCOHOL SALES IN THE BAYSIDE
DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT; ADDING SECTION
9.04.10.18.050 TO ALLOW NEW RESTAURANTS WITH ALCOHOL SERVICE IN
SPECIFIED BAYSIDE DISTRICTS TO BE ADMINISTRATIVELY APPROVED RATHER
THAN REQUIRING A CUP; AND AMENDING SECTIONS 6.36.030 AND 6.36.090 AND
ELIMINATING SECTION 6.36.070 TO EXPAND THE VENDING CART PROGRAM IN
THE CITY SUBJECT TO A CITY LICENSE AGREEMENT
WHEREAS, the City has taken extensive efforts to maintain the unique character
and mix of uses on the Third Street Promenade in the Bayside District; and
WHEREAS, over the years, market forces have threatened the mix many times
and the City has responded to preserve the Promenade's unique character through
adoption of the Bayside District Specific Plan and adoption of laws and policies which
promote the general welfare by maintaining the Promenade's eclectic character; and
WHEREAS, 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; and
1
WHEREAS, the City Council established a Promenade Uses Task Force to study
the Promenade issues, to seek feedback and input from the community, and to make
recommendations to the City Council regarding the appropriate mix of uses on the
Promenade; and
WHEREAS, the Task Force met regularly beginning in May 2002 and completed
its work in March 2003, during which time it considered goals and objectives for the
Promenade and the Downtown, reviewed relevant City policies and regulations, and
conducted community workshops; and
WHEREAS, the Task Force prepared a series of recommendation for review by
the City Council, include recommendations which require amendment of the text of
Santa Monica Zoning Ordinance; and
WHEREAS, on June 10, 2003, the City Council reviewed the recommendations
of the Task Force and directed staff to prepare a work plan for implementation of the
Task Force recommendations; and
WHEREAS, on September 9, 2003, the City Council reviewed the proposed work
plan, which included a series of proposed amendments to the City's zoning and
planning regulations, including the Zoning Ordinance; and
WHEREAS, the City Council also adopted Resolutions of Intention directing the
Planning Commission to review and make recommendations on the Zoning Ordinance
and Bayside Specific Plan changes associated with the Task Force recommendations;
and
WHEREAS, the proposed ordinance would eliminate the numerical cap on
restaurants in the Bayside District and expand the types of alcohol sales subject to a
2
conditional use permit; and expand the vending cart program subjecting such carts to a
license agreement; and
WHEREAS, the Planning Commission conducted a public hearing and
considered the proposed Zoning Ordinance and Specific Plan amendments on April 14,
2004 and again on May 19, 2004; and
WHEREAS, the Planning Commission supported the proposed Zoning
Ordinance amendments with the exception that the Commission recommended that the
restaurants seeking to serve alcohol continue to be required to obtain a CUP with an
expedited review process; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on June 22,2004 and October 12, 2004; and
WHEREAS, the proposed Zoning Ordinance text amendment is consistent in
principle with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan, specifically, Land Use Element Objective 1.3, which reinforces
Downtown as the focus of the City, supporting the greatest concentration of activity, in
that the amendment supports the creation and retention of restaurants as a key element
in concentrating activity in the Downtown; Land Use Element Policy 1.3.1 which
encourages the concentration of land uses and activities Downtown which create
activity in both the daytime and evening hours, in that the amendment supports the
creation and retention of restaurants which support activity during the daytime and
evening; Land Use Element Policy 1.3.2 which makes Downtown a primary location for
uses that encourage street activity after normal business hours, in that the amendment
supports the creation and retention of restaurants which provide outdoor dining areas
3
that enliven the streets during evening hours; and Land Use Element Policy 1.4.1 which
concentrate comparison retail use and other complementary uses, such as restaurants,
on or near the Third Street Promenade, in that the amendment supports the creation
and retention of restaurants on the Third Street Promenade; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that the amendment would provide for the continued diversity and
vitality of the Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.080 is hereby
amended to read as follows:
Section 9.04.08.15.080 Limitations on food uses
and alcohol outlets.
(a) The total number of alcohol and f-ood serving
establishments in the BSC District shall be limited to fifty. ~
purposes of this Section, a food serving establishment shall
include any restaurant, including, 'Nithout limitation, any
drive through or drive in rest3ur~mt, fast food or take out
restaurant, or sidewalk cafe, and any use which includes
incidental food service. The number of food serving
4
establishments and on sale alcohol outlets in the BSe
District shall not exceed the limitations belmv. For purposes
of this Section, fast-food food courts shall be counted as eRe
food serving establishment and one alcohol outlet, even
though individual tenants within a fast-food food court may
be required to obtain separate conditional uso permits in
order to obtain an on-sale alcohol license. The total number
of food serving establishments and alcohol outlets in the
BSe District shall be limited to soventy six f{)od serving
establishments, fifty, of 'Nhich may havo a Typo 11 (On Sale
Beer and 'Nine), or Type 17 (On Sale General) alcohol
license. No alcohol outlets which arc not also food serving
establishments shall be allo'Ned. Additionally, the number of
food serving establishments and alcohol outlets on Block 1,
Block 5 and Block 6 shall be limited as follows:
Block 1: Food Serving Establishments: Eighteen,
ten of which may have a Type 11 (On Sale Beer ~:md 'Nino)
or Type 17 (On Sale General) Alcohol License, and one of
which may be a fast food food court, providod the fast food
food court is located in the northern half of the block. Type
18 (On Sale General for Public Premise) Alcohol License:
None. Other On Sale Alcohol License Types: None.
5
Block 5: Food Serving Est3blishments: Sixteen, ten
of which m3Y h3ve 3 Type '11 (On Sale Beer 3nd 'Nine) or
Type '17 (On S31e Gener31) Alcohol License, 3nd one of
v.'hich m3Y be 3 bst food food court. Type '18 (On S31e
Gener31 for Public Premise) Alcohol License: None. Other
On S31e 1\lcohol License Types: None.
Block 6: Food Serving Est3blishments: Eighteen,
eleven of which m3Y h3ve 3 Type '11 (On S31e Beer 3nd
'Nine) or Type '17 (On Sale General) i\lcohol License, and
one of which m3Y be 3 f3st food f{)od court. Type '18 (On
S31e Gener31 for Public Promise) Alcohol License: None.
Other On S31e Alcohol License Types: None.
SECTION 2. Section 9.04.10.18.050 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.18.050 BSC-1 Exemptions.
Restaurants or "bona fide" public eatinq places in the
BSC-1 portion of the BSC District which offer alcoholic
beveraqes includinq beer or wine incidental to meal service
shall be exempt from the provisions of this Part 9.04.10.18
onlv if the applicant aqrees in writinq to complv with the
followinq criteria and conditions:
6
(a) The primary use of the premises shall be for
sit-down meal service to patrons. Alcohol shall not be
served to persons except those intendinq to purchase meals.
(b) If a counter service area is provided. a patron
shall not be permitted to sit at the counter unless the patron
is orderinq a meal in the same manner as patrons orderinq
meals at the table seatinq. The seats located around the
counter service area cannot be used as a waitinq area
where patrons may drink before beinq seated or as a bar
where beveraqes only are served.
(c) Window or other siqnaqe visible from the public
riqht-of-way that advertises beer or alcohol shall not be
permitted.
(d) Customers shall be permitted to order meals at
all times and at all locations where alcohol is beinq served.
The establishment shall serve food to patrons durinq all
hours the establishment is open for customers.
(e) The establishment shall maintain a kitchen or
food-servinq area in which a variety of food is prepared on
the premises.
(f) Take out service shall be only incidental to the
primary sit-down use.
7
(q) No alcoholic beveraqe shall be sold for
consumption beyond the premises.
(h) Except for special events, alcohol shall not be
served in any disposable containers such as disposable
plastic or paper cups.
(i) No video or other amusement qames shall be
permitted on the premises.
(j) No dancinq is permitted. Live entertainment
may only be permitted in the manner set forth in the Section
9.04.02.030.730.
(k) Any minimum purchase requirement may be
satisfied by the purchase of beveraqes or food.
(I) The primary use of any outdoor dininq area
shall be for seated meal service. Patrons who are standinq
in the outdoor seatinq area shall not be served.
(m) The operation shall at all times be conducted in
a manner not detrimental to surroundinq properties by
reason of Iiqhts, noise, activities or other actions. The
operator shall control noisy patrons leavinq the restaurant.
(n) The permitted hours of alcoholic beveraqe
service shall be 9:00 a.m. to 12:00 midniqht Sunday throuqh
Thursday. and 9:00 a.m. to 1 :00 a.m. Friday and Saturday
with complete closure and all employees vacated from the
8
buildinq by 1 :00 a.m. Sunday throuqh Thursday. and 2:00
a.m. Friday and Saturday. All alcoholic beveraqes must be
removed from the outdoor dininq area no later than 12:00
midniqht. No after hours operation is permitted.
(0) No more than 35 percent of total qross
revenues per year shall be from alcohol sales. The operator
shall maintain records of qross revenue sources which shall
be submitted annually to the City of Santa Monica Planninq
Division at the beqinninq of the calendar year and also
available to the City of Santa Monica and the California
Department of State Alcoholic Beveraqe Control (ABC) upon
request.
(p) Prior to occupancy. a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
(q) Prior to occupancy. the operator shall submit a
plan for approval by the Director of Planninq reqardinq
employee alcohol awareness traininq proqrams and policies.
The plan shall outline a mandatory alcohol-awareness
traininq proqram for all employees havinq contact with the
public and shall state manaqement's policies addressinq
alcohol consumption and inebriation. The proqram shall
9
require all employees havinq contact with the public to
complete an ABC-sponsored alcohol awareness traininq
proqram within 90 days of the effective date of the
exemption determination. In the case of new employees, the
employee shall attend the alcohol awareness traininq within
90 days of hirinq. In the event the ABC no lonqer sponsors
an alcohol awareness traininq proqram, all employees
havinq contact with the public shall complete an alternative
proqram approved by the Director of Planninq. The operator
shall provide the City with an annual report reqardinq
compliance with this requirement. The operator shall be
subiect to any future Citywide alcohol awareness traininq
proqram affectinq similar establishments.
(r) Within thirty (30) days from the date of
approval of this exemption, the applicant shall provide a
copy of the siqned exemption to the local office of the State
ABC.
(s) Prior to occupancy, the operator shall submit a
plan describinq the establishment's desiqnated driver
proqram, which shall be offered by the operator to the
establishment's patrons. The plan shall specify how the
operator will inform patrons of the proqram, such as offerinq
10
on the menu a free non-alcoholic drink for every party of two
or more orderinq alcoholic beveraqes.
This exemption shall only be valid if approved in
writinq by the Zoninq Administrator.
SECTION 3. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's market;
(b) Any approved participant in any cultural arts and
crafts show (pursuant to Chapter 6.44);
(c) Any vendor operating pursuant to or under the
authority of an approved license agreement on the Pier;
(d) Any vendor oper3ting purSu3nt to or under the
3uthority of 3n 3pproved license 3groement on the
pedestri3n m311 est3blished pursu3nt to Section 3.36.150 of
this Code;
(eg) Any approved participant in any special event
authorized by the City;
(f~) Any individual vending newspapers, leaflets,
pamphlets, bumper stickers or buttons;
11
(gf) Any individual or organization that vends the
following items which have been created, written, composed
or otherwise produced by the vendor: books, cassette tapes,
compact discs, paintings, photographs or any other item that
is inherently communicative and has nominal utility apart
from its communication.
SECTION 4. Santa Monica Municipal Code Section 6.36.070 is hereby deleted
in its entirety.
SECTION 5. Santa Monica Municipal Code Section 6.36.090 is hereby amended
to read as follows:
Section 6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this
Chapter shall vend in any location in the City except-tRe
following areac:
(a) Six fixed locations for which no more than one
vendor pormit shall bo issued for oach location:
(1) Tho public sidewalk at the northwost cornor of
Fifth Street at Arizona Avenuo.
(2) The public sidowalk at tho northeast cornor of
Sixth Stroot at Santa Monica Boulevard.
12
(3) The public sidewalk at the northwest corner of
Fourth Street at Arizona Avenue.
(1) The public sidewalk at tho northoast cornor of
Fourth Stroot at l\rizona Avonuo.
(5) Tho public side'Nalk at tho north'Nest cornor of
Fourth Street at Santa Monica Boulevard.
(6) The public sidmvalk at tho northwest cornor of
Fourth Street at Broad'Nay.
(b) I in connection with vending from vehicles, such
as catering or ice cream trucks, on any street designated in
the vendor permit or on private property.
SECTION 6. 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 effect the provisions of this Ordinance.
SECTION 7. 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.
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SECTION 8. 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:
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ATTACHMENT B
See Adopted Resolution No. 10023 (CCS)