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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.