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O2112 f:\atty\muni\laws\barry\sidewalk use extension (2)2d.wpd Council Mee~ing 1-27-04 Santa Monica: California ORDINANCE NUMBER 2.l..l.2. (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE 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 CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS. SECTION . Findings and Purpose. The City Council finds and declares: (a) The City of Santa Monica is committed to preserving the economic vitality of local businesses. (b) The City is also committed to maintaining the inviting pedestrian orientation of its commercial streets. (c) The current economic downturn has adversely impacted the City's business community and many businesses, including restaurants, have been especially hard hit by the drop in tourism and discretionary spending occasioned by present economic conditions. 1 (d) 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. (e) These amenities also enhance the streetscape and enliven the pedestrian experience. (f) The private sidewalk frontage adjacent to many businesses is insufficient to accommodate these amenities (g) 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. (h) The City Council finds and declares that the public health, safety and general welfare requires 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 orderto provide assistance to the City's restaurants given the current economic conditions and the critical role that restaurants play in the vitality of the City's commercial districts and the overall health of the local economy. (i) Therefore, 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 U) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is 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. 2 ~';/These interim standards. will serve to assist restaurants and .~. retait establishments to survive during this difficult economic period {J):';;'..,fJfthese concenti~" Cil~tif. adopted Ordinan~ Num~r 2101 '. ..'..-,....... '"':',.,' "., €ca$l..!!~~~r~~fefi;afIoW.d;/~u$inesses to place seating, txmable ~i~t.i.arette refuse rece~cfes within the public right-of-way and ~ di$play merchandise in private vestibules on Main Street and Montana Avenue. However, this ordinance will expire on March 15,204, unless extended. This will provide the Council and ~ity with an adequate time to assess whether the interim provisions have ~SSisted in improving the economic vitality of the City's commercial districts. (f).J1$described above,. there and immediate threat t6 .~ public ~b~'tIk.~nd welfare should this interim Ordinance not be adopted. Co~y, i,.~.tbi, ordinance to. extend ttleprovisions of Ordinance Numt>J,. 2101 ',.'" ...* . -. ,,' .." ,," . ce'-I'...lflcluding February ~j;.2005 toestabfish on an interim basis the ~ng development standards: SECTION 1 Permitted Outdoor Uses. (a) In addition to the outdoor uses permitted in Santa Monica Municipal Code ~~.t_...340, the followil1lg uses shatl be permitted outside of an e~ ,-..::."1 ;': ...... ....,.: ,_..:,::>", f .. --'-,,;<>~ building on a public sidewalk: 1) 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. 3 (2) Portable landscape and cigarette disposal receptacles accessory to a legally established retail establishment, restaurant, orothereating and drinking establishmentthat are located immediately in front of the business (b) Seating, portable landscape, and cigarette disposal receptacles may only be placed on a public sidewalk pursuant to either a license agreement prepared in accordance with administrative guidelines adopted by the City which ensure the City receives adequate compensation, public safety is maintained, and the City's aesthetic interest is preserved or a sidewalk use permit issued in accordance with subsection (c) of this Section (c) A sidewalk use permit shall be issued if the following standards are met: (1) Seating must be regularly cleaned, maintained in good condition, and not exceed 24 inches in depth or 36 inches in height. (2) 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 (3) Cigarette refuse receptacles must comply with City design standards, be regularly cleaned, and be maintained in good condition, (4) A four foot contiguous sidewalk width must be kept clear for pedestrian passage at all times and pedestrian access to building entrances must not be impeded (5) All items placed on the public sidewalk must be removed when the business establishment is closed (6) The business establishment must assume all liability associated with the placement of these items on the public sidewalk. 4 (7) The business establishment must pay the reasonable processing costs for the sidewalk use permit. (d) The following use shall be permitted outside an enclosed building on properties zoned CM or zoned C2 on Montana Avenue: (1) A single outdoor display of merchandise entirely within the covered vestibule, arcade or colonade 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 display is removed from the vestibule, arcade or colonade when the business is closed However, garment racks shall be prohibited SECTION 2. This Ordinance shall be of no further force or effect after February 27, 2005 unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance 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 affect 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 5 fI,_patent jurisdiction, such decision shall not affect th~ validity .oftbe .~majning ~Ofthi'~illart~]~ CitY~ijhereby decfaresthatitwould haVep~this ..~... and each and every section, subsection, $8nteRce, dause, or ~. not ~invalid oruneonstitutional ~hout regard towh&ther any portion ofth8*inance ",' . : . '. . . . would be subsequently declared invalid or unconstitutional. ~~I~;6]The Mayor shan sign an(fii~.e ~ Clerk shall alte$t'to the~'of .;bItI.an<8~ The City Clerk shall' cause the same to be published once in thelotfiaa, ;. .,'.....'.:,....>:'..'..... . ..:.,'.. .' . . ..". newspaper within 15 days after its adoption This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM 6 Approved and adopted this 27th day of January, 2004. ~~ Richard Bloom, Mayor State of California ) County of Los Angeles ) 88, City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2112 (CCS) had its introduction on January 13, 2004, and was adopted at the Santa Monica City Council meeting held on January 27,2004, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, O'Connor, Katz, Feinstein, Genser Noes: Council members: None Abstain: Council members: None Absent: Council members: Holbrook ATTEST: - .-..... --- ~~.'~J Maria M. Stewart, City Clerk -;