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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 C
Draft Ordinance -Furniture in ROW, Outdoor Merchandise in private vestibules on
Main Street and Montana Avenue
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f:\atty\muhi\laws\barry\Sidewalk Use CityCouncilCodeChange 3-11-OS
City Council Meeting 3-11-08 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.340 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
WHEREAS, the City of Santa Monica is committed to preserving the economic
vitality of local businesses; and
WHEREAS, the City is also committed to .maintaining the inviting pedestrian
orientation of its commercial streets; and
WHEREAS, the economic downturn earlier this decade adversely impacted the
City's business community and many businesses, including restaurants, were especially
hard hit by the drop in tourism and discretionary spending occasioned by these
economic conditions; and
WHEREAS, outdoor seating, portable landscaping adjacent to businesses,
merchandise displays in private vestibules, and outdoor cigarette refuse receptacles
make local businesses more attractive to potential patrons; and
WHEREAS, these amenities also enhance the streetsdape and enliven the
pedestrian experience; and
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WHEREAS, the private sidewalk frontage adjacent to many businesses is
insufficient to accommodate these amenities; and
WHEREAS, accordingly, on June 10, 2003, the City Council directed staff to
prepare an interim ordinance allowing for portable landscape planters, seating and
cigarette refuse receptacles in the public right-of-way and display of merchandise in
private vestibules and staff returned with a proposed ordinance as directed; and
WHEREAS, the City Council found and declared that the public health, safety
and general welfare required adoption of an interim ordinance to authorize the
placement of seating, portable landscape planters, and cigarette refuse receptacles in
the public right-of-way and the display of merchandise in private vestibules in order to
provide assistance to the City's restaurants given the economic coriditions and the
critical role that restaurants play in the vitality of the City's commercial districts and the
overall health of the local economy; and
WHEREAS, the City Council also found that the City's zoning and planning
regulations should be revised to allow the placement of the above specified objects in
the public right-of-way and in private vestibules; 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 portable landscape planters, cigarette
refuse receptacles, outdoor seating, and the display of merchandise in private
vestibules;. and
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WHEREAS, these interim standards served to assist restaurants and other retail
establishments to survive during this difficult economic period; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2101 (CCS) on December 16, 2003 which allowed 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 Avenue,
extended Ordinance Number 2101 (CCS) on January 27; 2004 through the adoption of
Ordinance Number 2112 (CCS) on January 25, 2005 through the adoption of Ordinance
Number 2147 (CCS), and on July 25, 2006 through the adoption of Ordinance Number
2201 (CCS); and
WHEREAS, Ordinance Number 2201 (CCS) will be of no further force and effect
after April 29, 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 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; and
WHEREAS, the public health, safety and general welfare requires the adoption of
the provisions to make local businesses more attractive to potential patrons through the
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enhancement of the streetscape; thereby improving the overall health of the local
economy,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal .Code Section 9.04.10.02.340 is hereby
amended to read as follows:
9.04.10.02.340 Permitted outdoor uses.
The following uses, if identified as a permitted use in
the district, shall be permitted outside of an enclosed
building provided they are entirely on private property, or on
public property when otherwise permitted by this Code:
(a) Drive-in and drive-through restaurants.
(b) Patio tables, chairs, umbrellas, and similar outdoor
accessories used in connection with a restaurant.
(c) Vending machines, including weighing scales,
when accessory to a business conducted within a building.
(d) Border materials; flower pots, trellises and the
like, provided they are accessory to a retail plant nursery and
do not exceed fifteen percent of the inventory of the nursery
business.
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(e) Automobile dealership display and storage lots.
(f) Outdoor vending or display when otherwise
permitted by this Code.
(g) Outdoor newsstands when otherwise permitted by
this Code.
~h) The following additional uses shall be permitted
outside of an enclosed building on a public sidewalk:
Seating accessory to a legally established.
restaurant or other eating and drinking establishment that is
located immediately in front of the business and is not used
for customer dining or drinking.
(2) Portable landscape and cigarette disposal
receptacles accessory to a legally established retail
establishment, restaurant, or other eating and drinking
establishment that are located immediately in front of the
business
(3) Seating, portable landscape, and cigarette
disposal receptacles may only be placed on a public
sidewalk pursuant to this subsection (h)(1) or (h)(2) if either
a license agreement is obtained in accordance with
administrative guidelines adopted by the City which ensure
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the City receives adequate compensation, public safety is
maintained,. and the City's aesthetic interest is preserved or
a sidewalk use permit is issued in accordance with the
following standards:
(A) Seating must be regularly cleaned, maintained in
good condition, and not exceed 24 inches in depth or 36
inches in height.
(B) Landscaping planters must not exceed 24 inches
in width or diameter, must prevent water drainage onto the
sidewalk, must be elevated at least two inches off the
ground, and must be maintained in good condition.
(C) Cigarette refuse receptacles must comply with
City design standards, be regularly cleaned, and be
maintained in good condition.
(D) Cigarette refuse receptacles cannot be placed in
locations where smoking is prohibited by Santa Monica
Municipal Code
(E) A four foot contiguous sidewalk width must be
kit clear for pedestrian passage at all times and pedestrian
access to building entrances must not be impeded.
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(F) All items placed on the public sidewalk must be
removed when the business establishment is closed.
(G) The business establishment must assume all
liability associated with the placement of these items on the
public sidewalk.
(H) The business establishment must pay the
reasonable processing costs for the sidewalk use permit.
(i) In the CM District or the C2 District, a single
outdoor displav of merchandise entirely within the covered
vestibule, arcade or colonnade area of a retail establishment
provided that the single display does not exceed 60 inches in
height, 36 inches in width and 36 inches in depth, or 42 in
height, 48 inches in width and 36 inches in depth, and
provided that the single displav is removed from the
vestibule, arcade or colonnade when the business is closed.
However, garment racks shall be prohibited.
Q) Fees for license agreements and use permits shall
be established by resolution of the City Council.
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
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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.
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:
M HA JCS ES MOUT E
Cit ttorne
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