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SR-031108-7C~® ~~=Y~f City Council Report Santa Monica City Council Meeting: March 11, 2008 Agenda Item: To: Mayor and City Council From: Eileen Fogarty Director, Planning and Community Development Subject: Three Zoning Ordinance amendments to waive certain development standards for bootlegged units registered with the Rent Control Board, clarify requirements for alcohol CUPs for existing establishments, and allow furniture and portable landscaping in the public right-of-way and the display of merchandise in private vestibules in the CM and C2 Districts. Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinances, which permanently incorporate existing interim provisions for bootleg units into Santa Monica Municipal Code (SMMC) Section 9.04.18.075, interim requirements for expiration of alcohol CUPs into SMMC Section 9.04.10.18.020, and interim standards for portable furniture and landscaping in the public right-of-way (ROW) and for the display of merchandise in private vestibules into SMMC Section 9.04.10.02.340. Executive Summary This report provides background information and recommends that the City Council incorporate into the Municipal Code the provisions of Interim Ordinances 2193 (CCS), 2199 (CCS), and 2201 (CCS) prior to their expirations. The measures contained in these three interim ordinances continue to be necessary to protect the public health, safety and welfare. The report also includes a summary of related permit activity that has transpired since each interim ordinance's adoption. Discussion Bootlegged Units The City Council adopted Ordinance Number 2100 (CCS) on December 16, 2003, which waived certain development standards for rental units which were built or created without permits but registered with the Rent Control Board as of April 2003. The City Council extended the ordinance three times, most recently through Ordinance 2193 (CCS). At that time the ordinance provisions were extended to units existing on April 1 10, 1979, even if not registered with the Rent Control Board, provided they subsequently were registered with the Board. This ordinance is set to expire on May 31, 2008. Since the Interim Ordinance went into effect, 77 units have received permits to correct their unpermitted status. These units have now been inspected by the City's Building inspectors, which has ensured the safety of their occupants. Seven removal permits have been granted for units that could not be made safe for habitation and two cases are currently pending. Alcohol CUP expiration The City Council adopted Ordinance Number 2105 (CCS) on December 16, 2003 to clarify that existing premises which dispense alcoholic beverages for sale, or other consumption, and cease operation for a period greater than one year (or six months in the CM District) must obtain an alcohol CUP even if that establishment previously obtained an alcohol CUP. The City Council has extended the ordinance three times, most recently through the adoption of Ordinance Number 2199 (CCS) on July 25, 2007. This ordinance inset to expire on May 24, 2008. Since the adoption of the Interim Ordinance, there have been 20 CUP applications for alcohol service, all for new outlets. While the issue of a closed outlet needing to obtain a new CUP comes up infrequently, the provisions of the ordinance ensure that this situation is addressed, which allows the City to better reoulate the complex interrelationship between the availability of alcohol, the consumption of alcohol, and resulting community problems. This is because the CUP process allows the City to impose operational conditions on businesses selling alcohol, which protects properties surrounding the outlets from potential impacts such as noise, trash, and crime. 2 Furniture and portable landscaping in the public ROW merchandise in C2 CM vestibule areas On December 16, 2003, the City Council adopted Ordinance Number 2101 allowing businesses to place seating, portable landscaping and cigarette refuse receptacles within the public right-of-way and to display merchandise in private vestibules on Main Street and Montana Ave. The City Council has extended the ordinance three times, most recently through the adoption of Ordinance 2201 (CCS) on July 25, 2006. This ordinance is set to expire on April 29, 2008. Since the adoption of the Interim Ordinance, many businesses have taken advantage of its provisions including approximately 40 merchants and restaurants on Montana Avenue and 20 merchants and restaurants on Main Street. There have been 60 violations which Code Enforcement officials have responded to and resolved since the adoption of the Ordinance. Code Enforcement indicated that the majority of these complaints were due to merchandise blocking the public right-of-way. Following the adoption of this ordinance, Planning Staff will be working diligently with the Environmental Public Works Management and Housing and Economic Development departments to develop a regulatory program to monitor the issuance of entitlements for items described in this report. The program will include administrative guidelines for issuing Sidewalk Use Permits and Licensing Agreements. with associated fees to be adopted for both by a future City Council Resolution. General Plan Consistency The proposed text amendments must be found to be consistent with the City's General Plan and to promote public health, safety and general welfare. The proposed amendments are consistent in principle with several of the goals, objectives and policies of the General Plan. as follows: Bootleg Units The proposed amendment to waive certain development standards for bootleg units that meet specific criteria is consistent with the Land Use Element Policy 1.1 which 3 maintains the following objectives: To protect the quality of life in all residential neighborhoods; to improve the match of low and moderate income persons and families with units they can afford; to ensure fair treatment of property owners and residents in the City; and to provide adequate housing for City residents of all incomes. Alcohol CUP expiration The proposed amendment to clarify that establishments that have received a CUP but cease operations for 12 months, or 6 months in the CM District, is consistent with the Land Use and Circulation Elements Policy 1.2.4 which states: "Limit the number or control the location or otherwise mitigate the impact of commercial uses such as alcohol outlets...where an over-concentration of the use would have, or the operation of such uses might have an adverse impact on the surrounding neighborhood." Furniture and portable landscaping in the public ROW merchandise in C2 CM vestibule areas The proposed amendment to allow furniture to be placed in the public right of way in front of a business within specific parameters and for some merchandise to be allowed within a vestibule in the Main Street and Montana Avenue commercial districts is consistent with Land Use Element Objective 3.3 which requires the enhancement of the pedestrian scale and character of streets and public spaces and Policy 3.4.2 which states that the City is to establish guidelines for improvement of the public streetscape including paving, lighting, street furniture, public signage, and art. Commission Action On February 9, 2008, the Planning Commission, acting in aquasi-judicial role, voted unanimously to recommend that the City Council adopt permanently the provisions in Interim Ordinance 2193 (CCS). The Commission also voted 5-1 to recommend that the Council adopt the provisions in Interim Ordinance 2201 (CCS). In regard to Interim Ordinance 2199 (CCS), the Commission unanimously 4 recommended that the Council adopt the provisions with a modification to reference SMMC Section 9.04.08.28.070(g) for the allowed time that a business may be closed before a CUP for alcoholic beverage service is considered to have expired in the CM (Main Street) District. This would replace the "six months" allowed by the interim ordinance. The Planning Commission indicated that it wished to consider a term of one year as in other districts, but recognized that this would be inconsistent with the referenced section, which states that an existing use is no longer considered to be existing if it has not been in operation for a period of six months. Although this will not have any immediate impact on the proposed amendment, the Commission wished to adjust the ordinance language such that it would change if SMMC Section 9.04.08.28.070(g) were to be amended in the future. Staff has incorporated this recommendation into Attachment B. Alternatives 1. The Council could amend provisions of any or all of the interim ordinances. 2. The Council may choose not to incorporate the subject interim standards and/or regulation clarification into the Municipal Code, in which case the interim requirements would expire, and the existing zoning provisions would apply in the relevant areas. Environmental Analysis The proposed ordinances are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with certainty that the proposed ordinances does not have the potential to significantly impact the environment. There are no reasonably foreseeable impacts such as direct or indirect physical changes in the environment that would result from the adoption of the proposed ordinances. 5 Public Outreach A legal advertisement was published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. Financial Impacts & Budget Actions Some increment of permit fees and licensing revenue will be realized as a result of the adoption of these ordinances and their implementation. The amount will be determined by the actual levels of businesses' participation. In regards to expenditures associated with this action, if monitoring and enforcement of landscaping and portable furniture in the public ROW is carried out by existing staff, there should be no incremental cost to the City. Prepared by: Travis Page, Assistant Planner uevelopmem Attachments A. Draft Ordinance -Bootleg Units B. Draft Ordinance -Alcohol CUP Expiration C. Draft Ordinance -Furniture in ROW, Outdoor Merchandise in private vestibules on Main Street and Montana Avenue D. Planning Commission staff reports for proposed amendments F:\CityPlanning\Share\COUNCIL\STRPT\2008\TA-001,2,3 (Bootleg,Alcohol,Purniture).doc 6 Approved: Forwarded to Council: ATTACHMENT A Draft Ordinance -Bootleg Units 8 f:\atty\muni\laws\barry\bootlegsCityCouncilCodeChange-3-11-08 City Council Meeting 3-11-08 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA MONICA ADDING SECTION 9.04.18.075 TO THE SANTA MONICA MUNICIPAL CODE TO WAIVE CERTAIN DEVELOPMENT STANDARDS FOR RENTAL UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS AND REGISTERED WITH THE SANTA MONICA RENT CONTROL BOARD WHEREAS, on April 10, 1979, the voters of Santa Monica amended the City Charter by adopting Article 18, the City's Rent Control Law; and WHEREAS, Section 1800(c) of the Rent Control Law, with specified exceptions, defines controlled rental units as all residential rental units in the City of Santa Monica including mobile homes and, in general terms, the Rent Control Law governs residential units rented or offered for rent prior to April 10, 1979; and WHEREAS,- Section 1803(q) of the Rent Control Law requires owners to register all controlled residential rental units with the Rent Control Board; and WHEREAS, some of the units registered have been constructed or created without building permits or other City approvals and these units are commonly referred to as bootlegged units; and 1 WHEREAS, although bootlegged units may constitute controlled rental units, these units' condition nevertheless may raise issues relating to individual safety and public welfare; and WHEREAS, the City estimates that there are approximately 1,000 more units registered with the City's Rent Control Board than are included on the County Assessor's roll and assumes that most of this class of registered units constitute bootlegged units; and WHEREAS, since bootlegged units were built without required permits, there was no official determination at the time of construction that these units met safety and habitability standards established by State and local law and there has likely been no such determination since the time of their construction: and WHEREAS, Staff often learns of a bootlegged unit from a complaint raised about the unit made by the unit's occupant or a neighbor; and in responding to such complaints, Building and Safety staff frequently discover habitability violations, including lack of heat and hot water, improper electrical wiring, compromised water, improper gas and waste connections, and improper exits; and WHEREAS, these serious hazards can usually be remedied and the units rendered habitable; and WHEREAS, apart from this subset of units that have habitability problems, most bootlegged units do not comply with local zoning requirements, particularly parking, density and set back requirements; and 2 WHEREAS, while the failure to comply with such zoning requirements can impact the neighborhood welfare, these conditions have now been present for over twenty years; and WHEREAS, once a complaint regarding a bootlegged unit is received by Building & Safety staff, an inspection is undertaken and citation issued if warranted; and WHEREAS, an owner of a bootlegged unit may seek a removal permit from the Rent Control Board if the unit is extremely substandard and cannot be rendered habitable; removal permits are not available for units which can be made habitable; and WHEREAS, while owners of these latter units must bring them into compliance with habitability and other legal requirements, they are frequently unable to do so since these units do not and cannot meet all of the City's zoning requirements; and WHEREAS, this conflict between City laws creates an untenable situation both for the property owner and for City staff; and WHEREAS, in light. of these circumstances, the City Council found and declared that the public .health, safety and general welfare required adoption of an interim ordinance to waive certain current development standards that govern bootlegged units if these units meet or can be repaired to meet habitability standards and these units are registered with the Rent Control Board in accordance with the Rent Control Law; and WHEREAS, the City Council further found that the City's zoning and- planning regulations should be revised to waive certain current development standards that 3 govern .bootlegged units if these units meet or can be repaired to meet habitability standards and these units are properly registered with the Rent Control Board; and WHEREAS, pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it was necessary on an interim .basis to change current development standards as they relate to the development standards that govern bootlegged units; and .WHEREAS, in light of these concerns, the City Council adopted Ordinance Number 2100 (CCS) on December 16, 2003, which waived certain development standards for rental units which were built or created without permits and registered with the Rent Control Board and extended this ordinance by adopting Ordinance Number 2113 (CCS) on January 27, 2004, by adopting Ordinance Number 2149 (CCS) on February 8, 2005 and by adopting Ordinance Number 2193 on July 11, 2006; and WHEREAS, Ordinance Number 2193 will be of no further force and effect after May 31, 2008; and WHEREAS, the proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan in that the amendment is consistent with the Land Use Element Policy 1.1 which maintains the following objectives: To protect the quality of life in all residential neighborhoods; to improve the match of low and moderate income persons and families with units they can afford; to ensure fair treatment of property owners and residents in the City; and to provide adequate housing for City residents of all incomes in that the ordinance allows for the 4 retention of existing rent controlled bootlegged units provided minimum building and safety standards are met; and WHEREAS, the public health, safety and general welfare requires the adoption of the provisions to waive certain current development standards that govern bootlegged rent controlled units in that the ordinance provides for the protection and preservation of rent controlled bootlegged housing units while ensuring any hazards that exist within the units can be remedied and the units rendered habitable, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.18.075 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.18.075 Rent Control Bootleg Units. (a) A rental unit registered with the Santa Monica Rent Control Board which was built or created without City planning or building permits shall not be required to meet the set back and density requirements of the City's Zoning Ordinance if the unit is or can be made habitable as determined by the City's Building Official. (b) A rental unit exempt from set back and density requirements pursuant to subsection (a) of this Section shall be required to provide parking for the unit pursuant to Santa. Monica Municipal Code Section 9.04.10.08.040 unless the City's Parking 5 and Traffic Engineer determines that the provision of parking is not feasible. Parking which would result in a significant reduction in yard space is not feasible. The location of any feasible parking shall comply with the City's Municipal Cgde except the City's Parking and Traffic Engineer may authorize a reduction in parking space dimensions so long as the space remains accessible and safe. (c) A rental unit that meets the requirements of this Section shall be considered a legal, non-conforming unit. SECTION 2. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 any 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. 6 SECTION 4. 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 be effective 30 days from its adoption. APPROVED AS TO FORM: M RSHA J INES MOU RIE Cit Attorn yJ 7 ATTACHMENT D Planning Commission staff reports for proposed amendments 11 ~r ~;,YOf Planning Commission Report Santa Monica® Planning Commission Meeting: February 6, 2008 Agenda Item: 9_A To: Planning Commission From: Amanda Schachter, City Planning Division Manager Subject: Recommendation to the City Council regarding amending the text of the City of Santa Monica Zoning Ordinance in order to waive certain development standards for rental units which were built or created without permits and registered with the Rent Control Board. Applicant: City of Santa Monica Recommended Action It is recommended that the Planning Commission recommend to the City Council the adoption of the proposed text amendment to make permanent the provisions contained in Interim Ordinance 2193 (CCS). Executive Summary This report proposes the Planning Commission recommends that the City Council adopt an amendment permanently waiving certain development standards for rental units which were built or created without permits and registered with the Rent Control Board. This report also summarizes permit activity and indicates that approximately 86 properties were affected by the provisions of the ordinance since its adoption. There are no recommended changes to the current interim ordinance. Background On April 10, 1979, the voters of Santa Monica amended the City Charter by adopting Article 18, the City's Rent Control Law. It included a provision that required owners to register all rental units used as residential dwellings with the newly created Rent Control Board. Eventually, approximately 40,000 units were registered. Some of those units had been constructed or created without building permits or other approvals. That class of controlled rental units is commonly referred to as "bootlegged units". The fact that these units were constructed or created without permits does not affect their status as controlled units. A tenant's rights to protection against unlawful rents are the same whether or not the property owner complied with the law in building or creating the unit. Nonetheless, because bootlegged units are unpermitted, they may raise 12 issues relating to individual safety and public welfare. Such issues range from basic life safety risks due to seriously defective electrical wiring, to neighborhood quality of life concerns like insufficient parking. To estimate the total number of controlled, bootlegged units, Building & Safety staff compared records from the County Assessor and the Rent Control Board on the assumption that the county's records reflect permitted units, while the Board's records reflect actual existing units. This comparison shows that there are approximately 1,000 more registered units than there are units on the assessment roles. These 1,000 units are situated on about 750 properties. By definition, the bootlegged units were created and occupied without the benefit of an official determination that they meet safety and habitability standards set by state law. They often come to staff's attention because of a complaint about habitability made by the occupant or upon referral from County Health inspectors. Staffs experience indicates that habitability violations are frequent in such units. These violations include lack of heat and hot water, improper electrical wiring, compromised water, improper gas and waste connections, and improper exits. All of these are serious safety hazards. Fortunately, the serious hazards can usually be eliminated through repairs, and the units can be made safe. In rare cases, the unit cannot be made habitable. Building & Safety staff must and does process complaints and conduct inspections of residential units without regard to controlled or uncontrolled status. Once cited, owners of controlled bootlegs that are extremely substandard and cannot be made habitable may seek removal permits from the Rent Control Board. However, this is a small subset of bootlegs. Removal permits are not available for units that can be made habitable. Thus, most owners have no option but to bring the units into compliance with habitability and other legal requirements. Due to the Zoning Ordinance requirements, that was frequently not possible, particularly with regard to parking and density requirements. On April 22, 2003, City Council considered these facts and directed staff to prepare municipal code amendments for Council consideration. On December 16, 2003 the Council adopted Interim Ordinance 2100 (CCS) allowing a test period to evaluate the proposed permanent regulations and allow certain pending code enforcement cases to reach closure and resolution. Since then, the ordinance has been extended three times and will expire on May 31, 2008. Discussion A large number of the bootlegged rent controlled units meet or can be repaired to meet state habitability standards but can not comply with local zoning requirements, particularly parking, density and set back requirements. Neighborhood welfare may be impacted by the failure to meet zoning requirements. Conversely, most of these units have been in existence for well over twenty years and neighbors have presumably adjusted to the impacts. 13 Since the Interim Ordinance went into effect, 77 units have received permits to correct their unpermitted status. These units have now been inspected by the City's Building inspectors, which has ensured the safety of their occupants: Seven removal permits have been granted for units that could not be made safe for habitation and two cases are currently pending. City staff believes that the most appropriate course is to permanently waive certain development standards for bootlegged units registered with the Rent Control Board, as allowed in the Interim Ordinance. This would allow these bootlegged controlled units to remain in use if they meet or can be made to meet habitability standards. The City has not found this process to result in adverse impacts on neighbors over the last four years. The Rent Control Agency expressed a continued need for the ordinance as it is a valuable tool for improving and preserving affordable rent controlled units and protecting the tenants who reside in them. The proposed ordinance will permanently waive the Zoning Ordinance's set back and density requirements for a bootlegged unit if the unit is or can be made habitable as determined by the City's Building Officer. The unit will also not be required to provide parking as required by current codes unless the City's Parking and Traffic Engineer determines that the provision of parking is feasible. Parking which would result in a significant reduction in yard space shall not be considered feasible. This also applies to garages that were previously another unit's required parking but have been converted as a bootlegged rent controlled unit and deemed habitable. The location of any parking must be consistent with the City's Municipal Code except the City's Parking and Traffic Engineer may authorize a reduction in the dimensions of a parking space so long as the space remains accessible and safe. Community Input There has been no correspondence received since the Commission's Resolution of Intention. This text amendment has been noticed consistent with SMMC Section 9.04.20.22.050, with a notice published in the Santa Monica Daily Press on January 25, 2008. Environmental Analysis The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment. There are no reasonably foreseeable impacts such as a direct or indirect physical change in the environment that would result from the adoption of the proposed ordinance. 14 Consistency with the General Plan In order to recommend the proposed text amendment to the City Council, the Planning Commission must find that the amendment is consistent with the City's General Plan and that it promotes public health, safety and general welfare. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the Land Use Element Policy 1.1 which maintains the following objectives: To protect the quality of life in all residential neighborhoods; to improve the match of low and moderate income persons and families with units they can afford; to ensure fair treatment of property owners and residents in the City; and to provide adequate housing for City residents of all incomes. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: 1. Recommend adoption with recommended changes to City Council 2. Recommend that the City Council not adopt the subject ordinance. Conclusion The proposed text amendment is needed to continue to protect rent controlled tenants in structures that may not meet minimum building and safety standards, to preserve rental units that are under rent control, and add to the City's total affordable housing stock. Findings 1. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the Land Use Element Policy 1.1 which maintains the following objectives: To protect the quality of life in all residential neighborhoods; to improve the match of low and moderate income persons and families with units they can afford; to ensure fair treatment of property owners and residents in the City; and to provide adequate housing for City residents of all incomes in that the ordinance allows for the retention of existing rent controlled bootlegged units provided minimum building and safety standards are met. 2. The public health, safety and general welfare requires the adoption of the provisions to waive certain current development standards that govern bootlegged rent controlled units in that the ordinance provides for the protection and preservation of rent controlled bootlegged housing units while ensuring any hazards that exist within the units can be remedied and the units rendered habitable. Prepared by: Travis Page, Assistant Planner 15 ~~ ~;tYof Planning Commission Report Santa Monica Planning Commission Meeting: February 6, 2008 Agenda Item: 9-B To: Planning Commission From: Amanda Schachter, City Planning Division Manager Subject: Recommendation to the City Council to amend the City of Santa Monica Zoning Ordinance in order to clarify that business establishments with alcohol Conditional Use Permits (CUPs) must obtain new alcohol CUPs if the establishment ceases operating for a period in excess of one year, except for premises in the CM (Main Street Commercial) District, in which case the time period shall be six months. Applicant: City of Santa Monica Recommended Action It is recommended that the Planning Commission recommend to the City Council the proposed adoption of a text amendment to make permanent the provisions contained in Interim Ordinance 2199 (CCS). Executive Summary The proposed amendment clarifies that business establishments with alcohol CUPS must obtain riew alcohol CUPS if the establishment ceases operating for a period in excess of one year, except for premises in the CM (Main Street Commercial) District, in which case the time period shall be six months. The proposed ordinance seeks to make permanent the existing provisions contained in Interim Ordinance No. 2199 (CCS). Background Municipal Code Section 9.04.10.18.020 requires all new businesses or uses selling alcohol to obtain a CUP. Additionally, that section also provides that a CUP is required for existing premises if operations have been discontinued for a period of more than one year. Staff interprets the requirement to apply to all existing premises, including those that have previously obtained an alcohol CUP. Thus, if a business which sold alcohol and had a CUP ceased operation for a year, a new CUP would be required. 16 Due to disputes over this interpretation, the City Council adopted Interim Ordinance Number 2105 (CCS) on December 16, 2003 to resolve any ambiguity. Since its adoption, the interim ordinance has been subject to three time extensions. The provisions of the ordinance will expire on May 24, 2008 unless permanently incorporated into the Zoning Ordinance. Discussion Since the adoption of the Interim Ordinance, there have been 20 CUP applications for alcohol service, all for new outlets. While the issue of a closed outlet needing to obtain a new CUP comes up infrequently, the provisions of the ordinance ensure that this situation is addressed, which allows the City to better regulate the complex interrelationship between the availability of alcohol,. the consumption of alcohol, and resulting community problems. The ordinance also allows the application of operational conditions to alcohol CUPS, which protects properties surrounding the outlets from potential impacts such as noise, trash, and concentration of alcohol uses. The attached proposed ordinance, which is identical to the Interim Ordinance, would permanently resolve any ambiguity that may exist in the present Code section. The ordinance would clarify that any existing premise that dispenses alcoholic beverages which ceases operation for more than one year, or six months in the CM District, must obtain an alcohol CUP even if a CUP was previously obtained for that location. Community Input There has been no correspondence received since the Commission's Resolution of Intention. This text amendment has been noticed Consistent with SMMC Section 9.04.20.22.050, with a notice published in the Santa Monica Daily Press on January 25, 2008. Environmental Analysis The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment. There are no reasonably foreseeable impacts such as a direct or indirect physical change in the environment that would result from the adoption of the proposed ordinance. Consistency with the General Plan In order to recommend the proposed text amendment to the City Council, the Planning Commission must find that the amendment is consistent with the City's General Plan and that it promotes public health, safety and general welfare. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the Land Use and Circulation Elements Policy 1.2.4 which states: "Limit the number or 17 control the location or otherwise mitigate the impact of commercial uses such as alcohol outlets...where an over-concentration of the use would have, or the operation of such uses might have an adverse impact on the surrounding neighborhood." Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: 3. Recommend adoption with recommended changes to City Council 4. Recommend that the City Council not adopt the subject ordinance, in which case the current code provisions that gave rise to a dispute in interpretation would continue to regulate alcohol outlets. Conclusion The proposed ordinance is recommended to allow for the continued clarification of Zoning Ordinance section 9.04.10.18.020 and to permanently resolve any ambiguity that may exist in the present Code section. Findings 1. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the Land Use and Circulation Elements Policy 1.2.4 which states: "Limit the number or control the location or otherwise mitigate the impact of commercial uses such as alcohol outlets.:.where an over-concentration of the use would have, or the operation of such uses might have an adverse impact on the surrounding neighborhood." In that the ordinance clarifies that alcohol establishments that have been closed for more than one year must obtain a new Conditional Use Permit prior to commencing operation. 2. The public health, safety and general welfare requires the adoption of the provisions to ensure the City review and approval of all alcohol outlets occurs on a case-by- case basis and reflects the specific and current circumstances of the particular alcohol outlet, its location, the surrounding neighborhood and any potential problems relating to specific and current circumstances. Prepared by: Travis Page, Assistant Planner 18 ~_ Planning Commission Report City of Santa Monica Planning Commission Meeting: February 6, 2008 Agenda Item: 9_C To: Planning Commission From: Amanda Schachter, City Planning Division Manager Subject: Recommendation to the City Council regarding amending the text of the City of Santa Monica Zoning Ordinance to authorize the placement of furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way and the display of merchandise in private vestibules. Applicant: City of Santa Monica Recommended Action It is recommended that the Planning Commission recommend to the City Council the adoption of the proposed text amendment to make permanent the provisions contained in Interim Ordinance 2201 (CCS). Executive Summary This report proposes the Planning Commission recommends that the City Council adopt an amendment permanently authorizing the placement of furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way and the display of merchandise in private vestibules. The proposed ordinance seeks to make permanent the existing provisions contained in Interim Ordinance No. 2201 (CCS). Background In 2003 the City Council discussed possible strategies for strengthening the overall health of the local economy. The Council recognizes that restaurants and retail establishments play a critical pole in the vitality of Santa Monica's commercial districts, and deemed it necessary to adopt policy that allowed increased opportunities for outdoor dining, seating and portable landscaping adjacent to businesses, sidewalks free of cigarette waste, and merchandise displays in private vestibules. These measures are designed to create greater variety for pedestrians and thereby enhance the pedestrian experience, generate broader interest among pedestrians to explore the commercial establishments, and enhance the economic viability of Santa Monica businesses. In light of these concerns, the City Council adopted Interim Ordinance Number 2101 19 (CCS) on December 16, 2003 to allow businesses to place seating, portable landscaping and cigarette refuse receptacles outdoors, both on private properly and within the public right-of-way. Businesses located on Montana Avenue and Main Street (CM District) may also display merchandise in private vestibules. The provisions of the ordinance remain interim and will expire on April 29, 2008 unless permanently incorporated into the Zoning Ordinance. Discussion Portable Landscaping While the placement of landscaping that is not offered for sale is currently permitted outdoors on private property, the adoption of the proposed ordinance would permanently allow private landscaping planters within the public right-of-way, provided that sidewalk clearance and pedestrian access to building entrances are maintained. If landscaping is to be left on the right-of-way when the business is closed, the ordinance requires a license to be obtained from the City. Otherwise, a sidewalk use permit must be obtained and landscaping must be removed from the public right-of-way when the business is closed. This limitation is necessary to comport with the City's general prohibition against leaving unattended private property on public sidewalks. Additionally, under the proposed ordinance, landscaping cannot exceed twenty-four inches in width or diameter, water drainage onto the sidewalk must be prevented, planters must be elevated to allow for air flow of at least two inches between saucer and sidewalk and planters and landscaping must be maintained in good condition. Private Seating The code currently allows furniture that is not offered for sale, but is an accessory to a restaurant use, to be located outdoors on private property, though private furniture on the public sidewalk is generally prohibited. The proposed ordinance would permanently allow all businesses to provide private seating not used for dining in the public right-of- way, provided that sidewalk clearance and pedestrian access to building entrances are maintained. If seating is to be left on the right-of-way when the business is closed, a license agreement must be obtained from the City. Otherwise, a sidewalk use permit must be obtained and the seating must be removed from the public right-of-way when the business is closed, must be regularly cleaned, must be maintained in good condition, and cannot exceed 24 inches in depth and 36 inches in height. The seating would be open to anyone due to its location in the public right-of-way and could not be limited to customers. Cigarette Receptacles The disposal of cigarette butts on sidewalks adjacent to some restaurants, bars and other businesses detracts from the ambience of the City's commercial districts and is a major beach and ocean pollution problem. The proposed ordinance allows for cigarette refuse receptacles to be placed in the public right-of-way, provided a license agreement (for all-hours placement) or sidewalk use permit (for placement only during business hours) is obtained, and requires compliance with standards and regular maintenance 20 and cleaning. Outdoor Display of Merchandise in Private Vestibules Open-air vending and outdoor display of merchandise is currently not permitted in the Zoning Code. Adopting the proposed ordinance would permanently allow for outdoor display of merchandise on Montana Avenue and on Main Street in the CM District provided that it does not extend beyond the private, covered vestibule area, does not exceed 42 inches in height, and is removed from the vestibule while the business is closed. The vestibule area is defined as the area that acts as a small entrance hall or passage between the outer door and the interior of a building. The display of garment racks and stand alone Automatic Teller Machines would not be permitted within the private vestibule area. Since the adoption of the Interim Ordinance, many businesses have taken advantage of its provisions including approximately 40 merchants and restaurants on Montana Avenue and 20 merchants and restaurants on Main Street. There have been 60 violations which Code Enforcement officials have responded to and resolved since the adoption of the Ordinance. Code Enforcement indicated that the majority of these complaints were due to merchandise being in the public right-of-way. Following the adoption of this ordinance, Planning Staff will be working diligently with the Environmental Public Works Management and Housing and Economic Development departments to develop a regulatory program to monitor the issuance of entitlements for items described in this report. The program will include administrative guidelines for issuing Sidewalk Use Permits and Licensing Agreements with an associated fee to be adopted for both. Community Input There has been no correspondence received since the Commission's Resolution of Intention. This text amendment has been noticed consistent with SMMC Section 9.04.20.22.050, with a notice published in the Santa Monica Daily Press on January 25, 2008. Environmental Analysis The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment. There are no reasonably foreseeable impacts such as a direct or indirect physical change in the environment that would result from the adoption of the proposed ordinance. Consistency with the General Plan In order to recommend the proposed text amendment to the City Council, the Planning Commission must find that the amendment is consistent with the City's General Plan and that it promotes public health, safety and general welfare. 21 The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with Land Use Element Objective 3.3 which requires the enhancement of the pedestrian scale and character of streets and public spaces and Policy 3.4.2 which states the City is to establish guidelines for the improvement of public the streetscape including paving, lighting, street furniture, public signage, and art. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: 5. Recommend adoption with recommended changes to City Council 6. Recommend that the City Council not adopt the subject ordinance. Conclusion With the current volatility of the economy, exploring opportunities to enhance the financial strength of local businesses is particularly critical. Outdoor furniture and landscaping can help a business improve its street presence, within the constraints proposed. The proposed ordinance is recommended to enhance the pedestrian experience, generate broader interest among pedestrians to explore the commercial establishments, and enhance the economic viability of Santa Monica businesses. The ordinance seeks to meet the aforementioned objective by allowing for the continued increase in opportunities for outdoor seating and portable landscaping adjacent to businesses, sidewalks free of cigarette waste, and merchandise displays in private vestibules. Findings 3. The proposed amendment is consistent in principle with several of the goals, objectives and. policies of the General Plan. Specifically, the amendment is consistent with Land_Use Element Objective 3.3 which requires the enhancement of the pedestrian scale and character of streets and public spaces and Policy 3.4.2 which states the City is to establish guidelines for the improvement of public the streetscape including paving, lighting, street furniture, public signage, and art. 4. The public health, safety and general welfare requires the adoption of the provisions to make local businesses more attractive to potential patrons through the enhancement of the streetscape, thereby improving the overall health of the local economy. Prepared by: Travis Page, Assistant Planner 22