O2514City Council Meeting: 04-26-16
ORDINANCE NUMBER
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE ISSUANCE OF ADDITIONAL TEMPORARY
USE PERMITS FOR TEMPORARY SIDEWALK SALES UNDERTAKEN IN
CONJUNCTION WITH A CITY PUBLIC STREET EVENT BY BUSINESS .
IMPROVEMENT DISTRICTS AND AREAS AND BY BUSINESSES LOCATED WITHIN
A SEVEN HUNDRED FIFTY FOOT RADIUS OF THE CITY EVENT AND WAIVING
THE FILING FEE FOR TEMPORARY USE PERMITS THAT WILL BE EXERCISED
CONTEMPORANEOUS WITH AND IN CONJUNCTION WITH THE CITY PUBLIC
STREET EVENT BY THESE ENTITIES; DECLARING THE PRESENCE OF AN
EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:. .
(a) On Sunday, June 5, 2016, the City will celebrate the arrival of the Expo Line
Phase Two by undertaking a City -produced Public Street Event pursuant to the
Community Event Ordinance to celebrate mobility, culture and sustainability.
(b) This City event will allow pedestrian and bicycle access to designated streets
free of automobiles and welcome participants to activity hubs along the route.
(c) The Public Street Event will extend approximately 2.5 miles and encompass
the following streets:
1
Main Street from Colorado Avenue to Marine Street
i Colorado Avenue from Ocean Avenue to the Expo Station at 4th/5th Street
• Ocean Avenue from Wilshire Boulevard to Colorado Avenue
(d) The event will focus on sustainable mobility, celebrate the arrival of Expo,
and capitalize on the completion of the Colorado Esplanade, while integrating art,
culture, and environmental learning opportunities throughout. It will also provide
members of the entire community with opportunities to experience the streets in a
different and exciting way.
(e) Although Staff is planning limited automobile crossings along the route, the
designated streets will essentially be closed to automobile traffic from 7:00 a.m. until
5:00 p.m. to account for event setup and cleanup.
(f) The City is working closely with local businesses, and neighborhood and
community partners including the Ocean Park Association, the Downtown
Neighborhood Association, Downtown Santa Monica Inc., the Main Street Merchants
Association, Santa Monica Travel and Tourism, the Santa Monica. Chamber of
Commerce, the Santa Monica Pier, and Santa Monica Place to ensure favorable and
mutually beneficial outcomes from the Open Streets event.
(g) Businesses located along and close to the Open Streets event depend on
street access and accessibility to public parking for their employees and customers: .
(h) Businesses located on the streets encompassed within this event or within
close proximity to the event have both expressed concern about the impact the event
will have on their businesses given the significant reduction in automobile traffic that
2
will be allowed and the fact that certain streets and public parking lots in the area will
become wholly inaccessible to vehicles.
(1) These businesses have also expressed the desire to undertake activities in
conjunction with the event such as sidewalk and food/beverage sales.
Q) The City's Zoning Ordinance authorizes temporary use permits for sidewalk
sales. However, businesses are limited to four such events within any 12 -month
period. The Zoning Ordinance also authorizes Business Improvements Districts and
Areas to undertake a maximum of two sidewalk sales located on the public right of way
within any 12 -month period. In establishing these numerical limitations, the City did not
contemplate this type of City -produced Public Street Event and its associated impacts [
and opportunities for business participation.
(k) Certain Business Improvements Districts will already reach this numerical
limitation based on sidewalk sales events that have already been undertaken or will be
undertaken apart from this City event.
(1) The City's Zoning Ordinance also authorizes temporary use permits for fairs
i
or festivals or similar compatible temporary uses.
(m) The current filing fee for an application for a temporary use permit is
$1,395.00.
(n) In order to minimize the impacts that this Public Street Event will have on
businesses located within or near the event and to enable these businesses to
undertake activities in conjunction with the event, it is necessary for the Council to
enact this emergency interim ordinance to expand the frequency that temporary use
permits may be obtained for sidewalk sales when these additional sales are
3
undertaken in conjunction with a Public Street Event and to waive the filing fee for
temporary use permits sought in conjunction with this event.
(o) These Council actions could not have been undertaken at an earlier time
because the process of planning for this Open Streets event and defining its
parameters and potential impacts had not been completed.
(p) As detailed above and in the April 26, 2016 staff report, there exists a current
and immediate threat to the public health, safety and general welfare should this
interim zoning ordinance not be adopted and the failure to modify the Zoning
Ordinance in the manner contemplated by this Interim Zoning Ordinance would result
in a threat to public health, safety and welfare.
SECTION 2. Interim Zoninq Regulations
(a) Temporary Use Permits. Notwithstanding any provision of the City`s Zoning
Ordinance to the contrary, the issuance of a temporary use permit for a sidewalk sale by
a Business Improvement District or Area that is geographically located, in whole or in
part, within the parameters of a City Public Street Event authorized pursuant to
Administrative Instruction II -4-4 of the City's Community Events Law or by any business
located within a 750 foot radius of the City Public Street Event and that will be exercised
contemporaneous with, and in conjunction with the City Public Street Event, shall not
count towards the temporary use permit numerical limitation established in Santa
Monica Municipal Code Section 9.31.370(B)(2)(d).
(b) Temporary Use Permit Filing Fee Waived. In addition, no filing fee.shali be
required for any temporary use permit sought by a Business Improvement District or
Area that is geographically located within the parameters of a City Public Street Event
2
authorized pursuant to Administrative Instruction II -4-4 or by any business located within
a 750 foot radius of the City Public Street Event and, that will be exercised
contemporaneous with and in conjunction with the City Public Street Event.
SECTION 3. 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 4. 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:
SECTION 5. This Ordinance shall be of no further force or effect sixty
days after its adoption, unless prior to that date, after a public hearing, noticed pursuant
to Santa Monica Municipal Code Section 9.37.050, the City Council, by majority vote,
extends this interim ordinance.
SECTION 6. This Ordinance is declared to be an urgency measure
necessary for preserving the public peace, health, or safety, adopted pursuant to .the
provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings.
above and in the April 26, 2016 staff report, this Ordinance is necessary for preserving.
I
the public peace, health, safety, and welfare.
SECTION 7. The Mayor shall sign and the City Cleric 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. As an urgency measure, this Ordinance
shall become effective immediately upon adoption.
APPROVE® AS TO FORM:
M RSH J NES tr
UTRIE
Ct AUrny
C
Approved and adopted this 26th day of April, 2016.
I, Esterlina Lugo, Acting City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2514 (CCS) had its introduction and adoption at the Santa
Monica City Council meeting held on April 26, 2016, by the following vote:
AYES: Councilmembers: Davis, Himmelrich, Winterer, O'Connor,
NOES: Councilmember: None
ABSENT: Councilmember: O'Day
ATT
Esterlina Lugo, Acting Cle
A summary of Ordinance No. 2514 (CCS) was duly published pursuant to California
Government Code Section 40806.