SR-031108-7D7-D
March 11, 2008
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March 11, 2008
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~~=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
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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.
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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
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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
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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.
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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
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Approved: Forwarded to Council:
ATTACHMENT B
Draft Ordinance-Alcohol CUP Expiration
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f:\atty\muni\laws\barry\alcoholcupextendCityCouncilCodeChage-3-11-08
City Council Meeting 3-11-08 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 9.04.10.18.020 TO
CLARIFY THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUPS MUST
OBTAIN NEW ALCOHOL CUPS IF THE ESTABLISHMENT CEASES OPERATING
FOR A PERIOD IN EXCESS OF ONE YEAR, OR IN EXCESS OF SIX MONTHS IN
THE CM DISTRICT
WHEREAS, in 1985, the City adopted Part 9.04.10.18 of the Zoning Ordinance,
Alcohol Outlets, to regulate establishments dispensing alcoholic beverages; and
WHEREAS, while the issuance of liquor licenses is the exclusive province of the
State, local governments are authorized to impose reasonable land use and zoning
restrictions on alcohol establishments directed at the land use effects of these
businesses; and
WHEREAS, the City adopted the alcohol outlet regulations in recognition of the
complex interrelationship between the availability of alcohol, the consumption of alcohol,
and resulting community problems such as public drunkenness, drunk driving, traffic
accidents, violent crime, noise, and nuisance; and
WHEREAS, Santa Monica Municipal Code Section 9.04.18.020 requires all new
businesses or uses dispensing alcoholic beverages for sale or other consideration to
obtain a conditional use permit; and
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WHEREAS, Section 9.04.18.020 also provides that a conditional use permit is
required for existing premises where operations have been discontinued for a period of
over one year; and
WHEREAS, since this section's adoption, the City has interpreted this provision
to apply to all existing premises including those which already obtained an alcohol CUP;
and
WHEREAS, certain alcohol establishment owners and operators have
challenged this interpretation, contending that this provision of the Zoning Ordinance
only applies to existing premises that have never obtained an alcohol CUP and not to
those which obtained an alcohol CUP but whose operations have been discontinued for
more than one year; and
WHEREAS, Section 9.04.08.28.070 is more restrictive than Section 9.04.18.020,
providing that an existing use in the CM District shall not be considered existing if the
use has not been in regular operation for a period of six months; and
WHEREAS, in light of this issue of interpretation, the City Council directed staff to
prepare a proposed interim ordinance is to clarify that existing premises which dispense
alcoholic beverages for sale or other consideration that cease operation for a period
greater than one year must obtain an alcohol CUP even if that establishment previously
obtained an alcohol CUP, except that, for premises in the CM District, the time period.
shall be six months; and
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WHEREAS, the City Council found and declared that the public health, safety.
and general welfare require adoption of an interim ordinance clarifying that all existing
establishments which cease operation for more than one year, or for more than six
months in the CM District, must obtain a new alcohol CUP to ensure that City review
and approval of 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;
and
WHEREAS, the City Council further found that Santa Monica Municipal Code
Section 9.04.10.18.020 should be clarified to provide that existing operations which
have been discontinued for a period of over one year, or six months in the CM District,
shall be required to obtain an alcohol conditional-use permit prior to resuming business
whether or not a conditional use permit was obtained in the past for the premises; 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 clarify that
existing operations which have been discontinued for a period of over one year, or six
months in the CM District, shall be required to obtain an alcohol conditional use permit
prior to resuming business whether or not a conditional use permit was obtained in the
past for the premises; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2105 (CCS) on December 16, 2003, which clarified that business
establishments with alcohol CUP's must obtain new alcohol CUP's if the establishment
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ceases operating for a period in excess of one year, except for premises in the CM
District, the time period shall be six months,. and extended the terms of Ordinance
Number 2105 (CCS) by adopting Ordinance Number 2114 (CCS) on January 27, 2004,
by adopting Ordinance No. 2150 (CCS) on February 8, 2005, and by adopting
Ordinance No. 2199 on July 25, 2006; and
WHEREAS, Ordinance Number 2199 will be of no further force and effect after
May 24, 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 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" and 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; and
WHEREAS, 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,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.18.020 is hereby
amended to read as follows:
9.04.10.18.020 Applicability.
No person shall establish a new business or use
dispensing, for sale or other consideration, alcoholic
beverages, including beer, wine, malt beverages, and
distilled spirits for on-site or off-site consumption without first
obtaining a conditional use permit. Existing alcohol outlets
shall also obtain a conditional use permit except where the
premises either retain the same type of retail liquor license
within a license classification or the licensed premises are
operated continuously without substantial change in mode or
character of operation. Existing premises shall not be
considered to be operating continuously and a conditional
use permit shall be required where operations have been
discontinued for a period of over one year except that for
premises in the CM District, the time oeriod shall either be
six months or the time period established in Section
9.04.08.28.070(8), or any successor legislation thereto,
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whichever is longer. Existing premises where operations
have been discontinued for these time periods shall be
required to obtain an alcohol conditional use permit prior to
resuming business whether or not an alcohol conditional use
hermit was obtained in the past for the premises. A
n nrJ'tinnal co norm i# chnll hn reg.-1 fry ev'ctinrv n m'o oc
eae-yeas A substantial change in mode or character of
operation shall include, but is not limited to, a ten percent
increase in the floor area of the premises, atwenty-five
percent increase in the shelf area used for the display of
alcoholic beverages, or a twenty-five percent increase in the
number of seats in any restaurant which serves alcoholic
beverages.
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
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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.
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. The Director of Planning and Community Development shall
certify to the adoption of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
0~
M SHA J IV S MOU IE
Cit Attorn
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